Civil law. Parts I, III and IV. Inheritance by law (most important)

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Civil law. Parts I, III and IV. Inheritance by law (most important)

Lecture notes, cheat sheets

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41. INHERITANCE BY LAW

Legacy Inheritance arises if the deceased person did not leave a will. Then a limited circle of persons acts as heirs - only those indicated in the law.

Circle of legal heirs split into queues.

1-I turn: children, spouse, parents of the testator inherit. The grandchildren of the testator and their descendants inherit by right of representation;

2-I turn - inherit the brothers and sisters of the testator, his grandfather and grandmother. The nephews and nieces of the testator inherit by right of representation;

3-I turn - inherit uncles and aunts of the testator. Cousins and sisters of the decedent inherit by right of representation;

4-I turn - inherit the great-grandfathers and great-grandmothers of the testator;

5-I turn - inherited by cousins and granddaughters and grandparents of the testator;

6-I turn - great-great-grandchildren and great-granddaughters, as well as great-uncles and aunts of the testator inherit;

7-I turn - stepsons, stepdaughters, stepfather and stepmother of the testator inherit.

Order of succession by law - the heirs of each successive line are called to inherit only if there are no or no heirs of the previous line. In this case, the heirs of the same order inherit in equal shares, with the exception of the heirs by right of representation and the surviving spouse.

Disabled dependents of the testator inherit in a special order. Dependents from the second to the seventh order inclusive, but not included in the circle of heirs of the line called for inheritance, inherit on an equal basis with the heirs of the line called for inheritance, but on condition that they have been dependent on the testator for at least one year. The same rule applies to dependents who are not legal heirs, provided that there are other heirs. However, in the absence of other heirs, they inherit independently as heirs of the eighth line.

The right to an obligatory share in the inheritance. The testator's minor or disabled children, his disabled spouse and parents, as well as the testator's disabled dependents who are subject to inheritance, inherit, regardless of the contents of the will, at least half of the share that would be due to each of them upon inheritance by law (mandatory share). Heir by law cohabitant before his death, has a preferential right to ordinary household furnishings at the expense of his inherited share.

When inherited by law, "presentation principle": the share of the deceased heir passes to his descendants if the heir died before the testator.

Shares of heirs by law, they are assumed to be equal, but the share of the surviving spouse is always greater, since, in accordance with the Family Code of the Russian Federation, he has the right to half of the property acquired by him jointly with the deceased spouse - the testator.

Principle "hereditary transmission": the rights of an heir who died during the period of entry into the inheritance are transferred to his heirs.

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