Heritage relationships

Our company offers assistance in solving the following problems:

• Advising on inheritance law
• Drafting wills. Analysis of drafted wills

• Representing the interests of Clients in the production of inheritance
• Representing the interests of the Client in court proceedings to challenge the order of inheritance.

Based on many years of practice, we have identified the most common questions related to inheritance law and we will be glad if the information provided is useful to you:

• When and what should be done by the relatives of the deceased immediately after death to avoid unwanted inheritance in the form of debts of the deceased?

In the event that relatives have information that the inheritance mostly consists of the obligations of the deceased person, it makes sense to renounce the inheritance within 3 months from the moment it became known about the right to inherit by issuing a notarized statement. To do this, you need a death certificate and documents confirming kinship with the deceased. In the event that relatives do not have information about the composition of the inherited property, it is reasonable to order an inventory of the inherited property from the notary in charge of the inheritance case. And depending on the results of the inventory, make a choice in favor of the decision to refuse or accept the inheritance.

• Who (degree of relationship) is affected by a possible ‘forced inheritance’?

According to the current law on Inheritance, relatives of any degree of kinship can be recognized as heirs. If the relatives of the first line (children, spouse) are absent or have renounced the right to inherit, the right of inheritance automatically passes to the relatives of the next line, who in turn have the right to decide whether or not to inherit.

• How long has the new order been in place and why were the radical changes made? (there was some legal justification in lawmaking)

The new Succession Act came into force on January 1, 2009. Probably, as conceived by the legislator, the active role of heirs in matters of acceptance or rejection of the inheritance should speed up the proceedings on inheritance cases. The active form of inheritance is also used in German inheritance law. It is no secret that our legislator is actively borrowing many principles of the law of this country, replacing them with the legacy of Soviet legislation.

• How long can creditors wait before filing claims against heirs? Do they have to report the debt right away, or can they wait for a larger penny to come up?

Directly, the Inheritance Act does not limit the right of creditors to present their claims to heirs. Therefore, in these matters, one should be guided by the general limitation periods, which are defined in the Law on the General Part of the Civil Code. For example, for obligations arising out of contractual relations, the limitation period for a claim is 3 years from the time when the claim became collectible.

• What should people who have had to accept an inheritance in the form of debts do? What are the ways?

Within 3 months of learning of their right to inherit, a person may apply for an inventory of the inherited property. If the inventory reveals that the deceased person’s liabilities exceed the value of his property, the heir has the right to apply to the court for bankruptcy of the deceased person. In this case, the compensation of creditors’ claims will take place within the framework of bankruptcy proceedings and only at the expense of the deceased person’s property