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SERVICES FOR INDIVIDUALS | |
Inheritance | |
The right of succession arises only in the presence of the certain legally confirmed facts. The right of succession arises in two cases: under the law and in case of leaving by a nasledodatel of the will. In a case inheritance under the law those are the death of a nasledodatel, the fact of acceptance of inheritance the successor and existence of related communications of a nasledodatel and the successor. Inheritance according to the will occurs only in the presence of the will. The successor has a freedom of choice – he can accept or refuse inheritance. And, if the successor doesn't express desire to accept inheritance, under the law it is considered that he refused it. Will of the successor shouldn't be exposed to any pressure, as in case of acceptance, and in default from inheritance. At identification of the fact of pressure, the right of succession will be nullified. The property, and also property rights of a nasledodatel can be object of inheritance. Things, property which belongs to a nasledodatel on the basis of the property right enter into inheritance. It можетквартира, house, garage, garden, giving, etc. Also as object of inheritance shares act belonging under the law to a nasledodatel of a share of association, limited liability company, an action, etc. At inheritance of actions the successor gets the right of receipt of dividends and the right to participation in management of the company which actions are inherited. However not all property obligations of a nasledodatel are handed down. These duties are cancelled at the moment of death. These are the alimony, compensation of the harm put to life and health of the person, personal property rights, etc. The right of inheritance enters validity in case of death of the citizen, the announcement court of the missing citizen died, and also at establishment by court of the fact of death of a nasledodatel. At establishment of the fact of death there is a so-called opening of inheritance. Opening of inheritance is the legal fact after which the successor either accepts inheritance, or rejects. Date of death of a nasledodatel is time of opening of inheritance. It is specified in the certificate on death. The permanent address of a nasledodatel admits recently a place of opening of inheritance. As the proof of a place of opening of inheritance the reference of ZhEO, local administration, the reference in which the residential address is specified serves. What to do, if it is impossible to provide any of these references? In this case as the proof of a place of inheritance the judgment which establishes the fact of a place of opening of inheritance serves. As successors the persons being in health in the opening day of inheritance, and also children who were conceived during life of a nasledodatel and which were born after inheritance opening can act only. Successors can be deprived of a right of succession in case of commission of the illegal actions directed against a nasledodatel by it, on other successors, and also at violation of the last will of a nasledodatel.