Who does not have the right to inherit?
Who does not have the right to inherit?
Receiving an inheritance is possible in two ways: by law and by testament. The Civil Code defines the circle of persons who have the right to inherit property in order of priority. But which individuals do not have the right to claim an inheritance?
Those persons who are deprived of the right to inherit are called unscrupulous or unworthy heirs. This category includes citizens who deliberately stripped the testator's life or one of the possible heirs, and also encroached on their lives. These illegal actions must have judicial confirmation.
The citizens who can not claim the inheritancedeliberately created obstacles when the testator makes up a will, withmaking certain changes to it, as well as when canceling an already fully prepared will in its own mercenary purposes, in order to obtain the right to inheritance for oneself, other persons, or to inherit a large share (art. 1111, para. 1 of the Civil Code of the Russian Federation).
Lose the right to inherit by law, and not the possibility to inherit property under a will, the following persons:
1. Parents deprived of parental rights, who were not restored at the time of the entry into force of the inheritance (clause 1, Article 1111 of the Civil Code of the Russian Federation).
2. Parents (or adoptive parents) and adult children (or adults adopted), as well as other persons who did not fulfill their legal obligations for the testator's maintenance. This circumstance must be established by the court (art. 1111, para. 2 of the Civil Code of the Russian Federation).
3. One of the former spouses whose marriage is considered void at the time of opening the inheritance. The court can remove the person from the right of inheritance, in establishing the circumstance that the heir did not provide any assistance to the testator, who is in advanced age or in serious health condition.
A person who has lost the right to inherit has the opportunity to receive a share of the property, if the testator after the loss of the person of such right pointed it out in his will.
Citizens who have a guaranteed right toan obligatory share in the inheritance (minor children, spouse, parents, dependents), regardless of whether they are indicated in the will or all property is bequeathed to other persons, may also be deprived of this right, if they are recognized by the court as "unscrupulous heirs" (art. 1111 of the Civil Code of the Russian Federation).
If the person has already received an inheritance, but later is recognized as an unworthy heir, then must return the received property. When in the original form of returning the property is not possible, then the unscrupulous heir must return its value (clause 3 of Article 111 of the Civil Code of the Russian Federation).
