Owned by a mandatory share in the inheritance. Who does the obligatory share in the inheritance? When a mandatory share is not paid

Having received the property of a deceased relative inheritance, heirs will have to determine the shares of this property that each of them has the right.

In each case, this process occurs differently. It depends on many reasons: from the composition of the inheritance, the number and composition of the group of heirs, the relationship between them. And the latter circumstance plays a far from the last role.

In our article we will talk about determining the size of the share of heirs, consider the conditions under which the share of heirs inheritance can be increased, as well as to determine the inheritance trees in court.

Determine the size of the share of heirs

In the presence of a testament, in which it is clearly indicated, to which heir, what kind of property was bequeathed by a testator or what a share in this property, there should be no disputes in determining the share of inheritance. If the testator does not indicate this, then the share of the heirs is equal.

Including in the will an object that is an indivisible thing, the testator can dispose of who from heirs what part of this object he will be in kind. The definition of the share of heirs in this case is made in accordance with the cost of intended parts intended by him.

It is quite simple to determine the share of the heir in the will: he inherits everything that he won the testator, with the exception of the obligatory share in the inheritance. In this case, the heir to the will receives what is presented to him for a minus obligatory share. If the heirs in the will are somewhat, their shares are reduced in proportion to the size of the share of them. Upon receipt of individual objects in the inheritance - the mandatory share is allocated as part of each object.

When inherited by law, the share of the heirs called for inheritance within the same queue is equal.

In the certificate of the right to inheritance, the share of the heir is indicated as a correct simple fraction. This designation is performed by numbers and decrypt in words. For example: 1/2 (one second) Share of a residential building. This rule concerns all inheritance objects.

Upon receipt of a mandatory share in the inheritance, the heir to claim this share is due to at least half of that property, which he would have received in the absence of a testament, i.e. As part of inheritance by law. The receipt of the obligatory share does not depend on the consent of other heirs. Moreover, the right to a mandatory share does not depend on the desire of the testimon itself, restricting, to some extent its freedom to dispose of its property through the testament.

Heirs on the right of representation, being descendants (children, grandchildren) of the deceased in one day with the testator or before him heir, can claim inheritance. The inheritance due to the deceased heir is divided between his descendants equally.

Determining the share of the inheritance after the death of the testator, which was married, is made after the selection of a married one, which is equal to half the property that spouses acquired, being in legal marriage. When making a hereditary case, the notary should find out whether the late in a registered marriage was held whether he had survived his spouse who could claim a marital share in jointly accommodated property.

Conditions for increasing the share of heirs inheritance

The size of heirs established by the legislation can be increased in the following cases:

the heir did not accept the inheritance;

refused the inheritance and did not indicate another heir, in whose favor he refuses;

recognized unworthy, in connection with which the inheritance is deprived;

it was removed from the inheritance due to the recognition of the will invalid.

Parts of the property, intended for those who disappeared heirs, are moving to heirs under the law in accordance with the shares due to them, i.e. in proportion to them. The exceptions are cases of refusal to the inheritance of one of the heirs in favor of another (directed refusal). The fraction of the abandoned transition to the specified heir is completely.

In the event that all the property is presented, the shares of the droppediers of heirs move to the heirs in the will also in proportion to their shares.

Having determined the share of inheritance, the heirs can carry out its section on their own, resorting to the preparation of a section on a section (notarized or in simple writing).

Determination of the inheritance trees in court

Disputes between the heirs most often arise about the determination of the share of each of them while inheritance by law. These disputes are considered in court. Any of heirs who are dissatisfied with the terms of the property or the allocation of his share has the right to apply to the court with the statement of claim.

In the event that heirs on the will object to the allocation of a mandatory share, the solution of this dispute is made in court. At the same time, the notary postpones the issuance of the certificate of inheritance before the decision of the decision on the case.

When considering cases, the market assessment of hereditary property is taken into account. The cost of property is estimated on the day of consideration of the case in court.

If the share is not possible in nature, the decision makes the decision to pay the heir requiring the determination and separation of its share, the value of this share. Payment is made by other participants in the share ownership of the property. Moreover, this payment is made with the consent of the heir released, except in cases:

insignificance of the secreted share;

the absence of its actual allocation;

the lack of interest of the heir to use overall validity.

In the presence of the above circumstances, the consent of the allotable heir to pay compensation for the court is not required. The right to share in hereditary property upon receipt of compensation the heir loses.

The definition of the share of heirs in hereditary property is a process that is very difficult not only from a legal point of view. Even greater difficulties may arise in relations between close people, whose personal interests are faced with the inheritance section. Especially if the agreement cannot be achieved and the issue is solved in court. Some psychologists and lawyers advise to avoid the possibility of personal participation in court proceedings, entrusting this by a lawyer for hereditary affairs.

The right to a mandatory share in the inheritance have disabled categories of citizens listed in Article 1149 of the Civil Code of the Russian Federation. In practice, the rule of obligatory share is used in inheritance in the will, when the rights of individuals on the property of the deceased can be significantly limited in favor of other citizens or legal entities. In this article, consider all the nuances of the statement of rights to the obligatory share, as well as the procedure for issuing property under such a procedure.

What it is

Before considering the rules for the allocation of a mandatory share in hereditary work, it is necessary to establish key differences in inheritance by law and in the testament. We highlight the most important differences that will have an impact on the distribution of property between potential heirs:

• to transfer property assets to the will, it is not enough to express verbal will, it is necessary to arrange a written document and verify it in a notarial office (inheritance according to the law does not depend on the will of the owner of the property, since the principles of entry into law are identified in the Civil Code of the Russian Federation);
• when making a testament, its content remains unknown to potential heirs until the death of the owner (moreover, the heirs may not know about the existence of a testamental form);
• under the conditions of the will, the property assets of the deceased can receive not only his relatives, but also completely extraneous citizens go legal entities (while inherited by law, the range of property recipients directly depends on the proximity of related links, and legal entities cannot be included in any of the queues) ;
• inheritance on the will, the rules of committing civil transactions are subject to challenge, which allows you to challenge its content.

Thus, after the death of a citizen, his loved ones may unexpectedly learn that all the property is given to outsiders or enterprises. In this case, the interests of the heirs of the first stage will be significantly violated on the law to which children, parents and the spouse of the deceased. The rule of mandatory share allows partially to compensate for property losses for the closest relatives of the deceased citizen.

The principle of the obligatory share is the following - certain categories of disabled persons will be able to obtain at least half of the share, which would be due to them inheritance by law. Persons entitled to the obligatory share of inheritance are listed in Article 1149 of the Civil Code of the Russian Federation:

1. minor children of the deceased citizen;
2. the children of the late under the age of 18 years have confirmed disability;
3. disabled parents of the deceased testator;
4. disabled spouse;
5. other disabled dependents who can participate in hereditary production according to the rules of Article 1148 of the Civil Code of the Russian Federation.

Children under the age of 18 are automatically recognized by the legislator disabled, i.e. For minor citizens, the right to a mandatory share depends only on age characteristics.

It should be borne in mind that the principle of inheritance for a mandatory share applies to the wills drawn up after March 1, 2002. Valtory forms compiled in the territory of the Republic of Crimea and G. Sevastopol have no indicated temporary work.

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Since the death of the owner of the property, hereditary production opens. If the rules for the disposal of the property of the deceased were recorded in the will, this document is announced by the notary after the submission of death certificate. After that, it starts a six-month period, provided by the Civil Code of the Russian Federation to confirm and design hereditary rights.

The algorithm of actions that will occur within the framework of hereditary production will look like this:

1. after the announcement of the testament, the notary begins to accept applications for the entry into the inheritance from the individuals specified in this document;
2. every heir, specified in the testament form, must confirm his desire to get part of property assets, or express a refusal to obtain values \u200b\u200b(refusal may be caused by the reluctance to accept the debt obligations of the deceased, or carry significant costs of property content);
3. disabled children, parents or spouse of the deceased, not specified in the content of the will, in six months should declare their right to a mandatory share;
4. within six months, the identification of property assets and cash, which will be distributed between the heirs on the will;
5. after six months, the distribution of values \u200b\u200bof the deceased citizen will occur in strict accordance with the will, as well as statements about the allocation of a mandatory share.

Like other categories of heirs, people with a mandatory share will receive a certificate of inheritance in the notarial office. If the property included real estate, on the basis of a certificate of inheritance will be the registration of rights in the Rosreestra service.

The allocation of a mandatory share is applicable - to obtain it, it is necessary to submit an appropriate application for a notarial office. The statement expresses the requirement to allocate a mandatory share and the consent is indicated to the adoption of part of property assets. At the same time, the next set of documents seems to be a notary:

• generalist's general passport, or birth certificate;
• advocating documents for property assets remaining after the death of the testator;
• documents confirming related relations with a deceased citizen (birth certificate, judicial act, etc.);
• documents confirming the fact of the disability of the heir (with the exception of minor citizens).

The greatest number of disputes may occur with the confirmation of disability facts. According to the legislative standards of the Russian Federation, disability may be temporary or permanent. For the purposes of inheritance and definition of the obligatory share, only cases of constant disability are used.

Disability can be confirmed by a documentary way, or follow the age characteristics of citizens. The ability to work may be lost as a result of injuries or diseases, including congenital character. In this case, disability is established as a result of medical examination by the IEC institutions, after which one of the disability groups is approved. It is a certificate of disability to be a proper confirmation of the fact of disability to obtain a mandatory share.

The loss of labor ability is also associated with objective age-related processes. Disability is confirmed by the achievement of retirement age, which is recorded in the regulatory acts of the Russian Federation. When considering a statement about the allocation of a mandatory share, a retirement age will be established, or confirmed the fact of retirement. Proper documents will be a passport with an age assessment, or a pension certificate.

Article 1149 of the Civil Code of the Russian Federation regulated the following nuances for determining the obligatory share while inheritance in the will:

1. the compulsory share includes all the property that the heir receives on the will or by law (only the limited part of the deceased assets can be included in the contents of the will, while the rest of the property will be distributed under the law);
2. the obligatory share in priority is allocated due to the property not included in the contents of the testamentary form (in this case, the share of citizens included in the heirs under the law may occur;
3. if the specified property above is not enough to form a mandatory share, the distribution of the missing part occurs due to the visissant property.

Thus, to meet the requirements for the allotment of the obligatory share, the interests of the heirs under the law or will may be limited.

In some cases, the law makes it possible to significantly reduce the size of a mandatory share, or to deny it at all. This decision can only receive a court institution, the notary does not have the authority to change the legal regime of mandatory share. Reducing the size of the share or the refusal of its allocation can occur under the following circumstances:

• if, during the allocation of a mandatory share, the heir to the will can not be able to get the property with which he used to stay at the time of death of the testator (the condition should be established at the same time that the applicant did not use this property for a mandatory share);
• similarly, the property is established, which was used by the heir to the will for permanent employment or the extraction of the main income;
• when solving the issue of decreasing the size of the mandatory share, or the refusal of its allocation, the court must take into account the property of the applicant.

In the cases listed cases, the issuance of certificate of inheritance will occur on the basis of a judicial act that has entered into force. For the consideration of the case in judicial institutions, materials of hereditary production from the notary office are exterminated.

Mom Wait for me. Notary says that part of the apartment should go to my stepfather, because it has the right to a mandatory hereditary share. Notary is going to give me a testimony about the right of ownership not to the entire apartment, despite the testament, which indicates that the apartment should go to me entirely.

How so? Mom wanted the apartment to get me: specially went to the notary and wrote a testament. I do not understand why I should give up part of my property to step. He was not in the will, and he had no relation to the apartment: her mother was inherited from his parents, he just lived there for several years after the wedding.

He is disabled and a pensioner since 2012. Does it change anything? Please explain, maybe a notary confuses something.

Anton, forced to disappoint you: if stepfather is a pensioner-disabled, notary does not confuse anything. In some cases, the notary must give a part of the visissant property to a person who is not mentioned in the will. This is the requirement of the law.

Anastasia Kornilova

We will tell you more about the obligatory share in the inheritance to which your stepfather claims.

What is a mandatory hereditary share

For example, if the deceased remained children, disabled spouse or parents, then them, regardless of the conditions of the will, relies inheritance.

Who can get a mandatory share inheritance

In addition to parents, children and spouses, the right to a mandatory hereditary share have disabled persons who are among the heirs under the law. These are brothers, sisters, grandparents, nephews, uncle and aunt, great-grandmothers and great-grandfather, steps, stepmothers and stepbrips. The main condition is their disability.

The Plenum of the Supreme Court in the decision of 29.05.2012 No. 9 explained that minors are disabled, pensioners and people with disabilities I, II or III of the Group.

Pretending to the obligatory share in the inheritance disabled heirs can only if they were dependent on the testator at least a year before his death.

In your case, stepfather is a disabled husband of the mother. He was dependent on her more than a year, therefore it has the right to a mandatory share inheritance, regardless of the will.

How much is the mandatory share and how it is allocated

By law, the obligatory share should be at least half of the share that the heirs would receive by law if there were no testament.

To determine the size of the mandatory share, it is necessary to take into account the cost of the entire hereditary property: indicated in the will and not falling into it. The objects of home furnishings and consideration should also be counted.

Even in order to calculate the size of a mandatory share, you should consider all the heirs according to the law that could be called to inherit property at the time of opening the inheritance. Moreover, newborn heirs and heirs on the right of submission, that is, the heirs of the deceased heir, are also considered.

It turns out that if your mother has no other heirs, except for the stepfather and you, then by law you would share the property in half - on one second share. It means that the obligatory part of the property, which is due to the step is despite the testament, is equal to one fourth lobe - half of the share by law. If there are still some kind of relatives who could claim part of your mom's inheritance according to the law, the obligatory share of the stepfather will be less.

The right to a mandatory share is usually satisfied from the property that did not fall into the will. From the reserved property, the mandatory share is allocated only if the rest of the inheritance is missing for the payment of this share.

It turns out that if after the death of your mom, there was only an apartment and some minor household items, the notary is forced to issue a mandatory hereditary share due to the apartment you visited. And if except the apartment remained, for example, dear ornaments, a cottage or a car that did not get into the will, but at the cost would be covered with a mandatory share, it would be paid at the expense of this property.

When a mandatory share is not paid

If the inheritance consists of housing, in which the heir to the will lived in the life of the testator, and there is no obligatory heir, the court can reduce the size of the mandatory share or indeed to refuse it. The same applies to the property that the heir to the will used to obtain livelihoods: creative workshop, cargo car and the like. Again, if the mandatory heir did not have any relation to this property.

In court practice there are such precedents, but in each case the court takes into account the many nuances, including the analysis of the property situation of all heirs - and obligatory, and in the will.

In your case, if you decide to go to court, it is unlikely that he will fall on your side: steppedout lived in the apartment you visited.

Changes from September 1, 2018

From September 1, 2018, the term "hereditary fund" appears. This is a way to manage all the deceased property, including money, business and other assets.

Immediately after the death of the testator, the notary should establish a fund and take into account all the wishes of the deceased, which he expressed in the testament. For example, the testator can determine what someone needs to pay specific amounts annually or ongoing specific amounts at the expense of the Fund.

As a result of this innovation, the provisions on a mandatory share will change. Article 1149 of the Civil Code of the Russian Federation is supplemented by clause 5, according to which the heir, who has the right to the obligatory share and obtaining some payments from the hereditary fund, is entitled to the obligatory share.

To this heir will have to choose what he wants: to get a binding share or become the beneficiary of the Foundation. If the heir chooses the first, he must declare a notary about the refusal of all the rights of the beneficiary of the hereditary fund. Only then he will have the right to a mandatory share.

What to do in your situation

In your situation, you can only check what property was at Mom and did not enter the will. Suppose she bought some expensive household appliances or jewelry. It may be possible to score some more or less large amount to reduce the size of the share, which will be received in the right to the apartment.

But here you have to take into account the moment of acquiring this property. If the purchases were made in marriage and were not gifts, then by the law of your mom also owned half, she will share between the heirs.

Fully excluding stepfather from the heirs will not be able to.

To better prepare for the adoption of the inheritance and avoid possible risks, read and remember that be alert.

If you have a question about personal finances, credit history or family budget, write: [Email Protected] The most interesting questions will be answered in the magazine.

In order to ensure the rights of individual family members due to their vulnerability, the legislator provided cases when this rule is permissible for a certain retreat in favor of such family members. This derogation in the civil-law doctrine is called the right to a mandatory share inheritance.

The entire norm of the Civil Code of the Russian Federation is devoted to the concept of the obligatory share in the inheritance, at the same time, the formulation in Article 1149 of the Civil Code of the Russian Federation is not contained, but only cases and persons are mentioned in which this right applies.

Based on the general meaning of the article, the right to a mandatory share inheritance acts as a mechanism:

• guarantees of the property rights of individuals who depended on the life of the testator materially dependent on objective circumstances;
• restrictions on the leading will of the testator, who, according to his personal conviction, decided to exclude this category of people from among the heirs, thereby infrainmenting their property rights, and sometimes depriving the livelihoods.

Features of rights to the obligatory share inheritance

Definition of the circle of persons who can claim to share inheritance outside the existing testament has its own characteristics. The following features include the following:

• the obligatory share and right to it do not depend on the recognition of the need to allocate this share by the remaining recipients of the inheritance. Even their disagreement will not deprive the mandatory heir to share if the latter does not roll out its refusal voluntarily;
• heirs, except for the first stage, including on the presentation, cannot claim a binding share if they were not dependent on the year before the year;
• the obligatory share is due to the heirs besides dependents of the testament, regardless of whether they lived with the dead or not. For the last accommodation together with the dead - a prerequisite;
• siblings for which after the death of the testator made adoption, retain the right of inheritance, including the obligatory share. This is due to the fact that in fact the relationship with the deceased, who performed his mother or father, did not stop. But the situation with adopted siblings during the life of the testator is reverse. Inherit such persons cannot be inherited, since relational-based legal relations are lost. Such a feature does not apply to cases of preserving legal relations with one of the parents, when the second died, or with the relative of the request, and with the consent of the preservation of the legal relations of the adopter;
• the size of the share due in obligatory, determined half and more from legitimate, as if there was no written will of the deceased. Her face will receive if the testament appears, but his testamental share does not reach the minimally established law obligatory or there is no at all in it;
• mandatory share is not transmitted in the order of submission;
• refuse or reduce the obligatory share of the heir to have the right only court, given the property position of the mandatory recipient, if there are grounds in the law;
• mandatory heirs can be recognized as unworthy of general rules.

Recognition of rights to a mandatory share inheritance

Protection of the rights of obligatory heirs left without a laid share is carried out through the court in lawsuit. From the plaintiff, the heir will need to file a claim for the recognition of the right to a mandatory hereditary share. Often this right to recognize the share of:

• dependents - not relatives of the deceased, regardless of whether there was a testament or not;
• other mandatory heirs when there was a testament in which the latners did not fall as such, or the size of the testamental share is less mandatory.

According to the results of the consideration of the case, the court decision is made by this right or not. In the first case, the plaintiff has every reason to go to the notary with a solution for the design of its mandatory share.

Implementation of the right to a mandatory share inheritance

It is realized by the right to a mandatory share in several ways, depending on whether all property owned by the testator is distributed in writing will or there is a part of ownership for which the heirs claim in a legitimate manner.

If the testament covered the ownership of the testator, then the obligatory share is allocated from this property.

If there is another property that is not specified by the testament, then initially a mandatory share is allocated due to this property, after which, if it is lacking, the remaining part is allocated from the property, which is given.

There are cases when the property that is not included in the will, the heir may claim as the right of a mandatory share and as a legitimate heir from the queue submitted to inheritance. In this case, the mandatory share is covered by a legitimate share and is additionally not allocated.

However, if the proportion is mandatory exceeds the legal, then the difference will be refunded at the expense of property distributed in the will, but not from the remaining heirs to the law. In this case, the restriction of the rights of the heir to the will will take place.

Persons eligible for the obligatory share of inheritance

The following persons are endowed with the right:

1. Siblings died, both blood and adopted, which have not achieved adulthood or are disabled;

2. husband (wife) died, parents, both biological and protruding deceased adopters, if they are disabled;

3. Disable dependents, to which:

• the heirs from any inheritance queue provided in the law, which on the opening day of the inheritance were disabled, over the past year of their lives were dependent on their dependents and are not among the heirs of the queue represented by inheritance. The joint stay of the testator and such a heir is not required;
• persons who do not belong to any of the queues, but the year of life of the testator preceding his death, he was dependent on him because of disability and lived together.

The persons on which such a right applies are limited to the list contained in the Civil Code of the Russian Federation, and other persons to qualify for the dissemination of this norm on them are not entitled.

At the same time, persons who are disabled, whose age is general pension and older, as well as recognized by medical conclusion with disabilities I, II, III of the Group. The presence of a disability pension or by age on their recognition does not have any importance.

Persons who retired on the grounds recognized by preferential, law are not considered as disabled.

Children of the deceased under 18, as students and working, equally entered into marriage or emancipated, always have the right to a mandatory share.

Deprivation of the right to the obligatory share in the inheritance

The deprivation of the right of inheritance refers to judicial competence. It was the decision of the court that the latter is deprived of rights to a mandatory share in the inheritance.

The law does not provide for the obligation to prescribe obligatory shares and their heirs. Therefore, the situation is not excluded when, when drawing up a written will, the mandatory heirs did not appear in it or the wording is not at all, but by the time of the opening of the inheritance, those persons who have fallen under the category of obligatory heirs or ceased to fall under it (Children became adults, etc.) or died.

Question answer

Inheritance

Grandmother and her granddaughter lived together. Grandma 59 years old (old age pensioner) Girl2 years old. They were 4 years old kept the brother of this grandmother. Do they have the right to file both of the judgment? Can they both enter into inheritance? If the court recognizes their disabled dependents

Olga 11.08.2019 19:41.

Yes, they will inherit if the conditions listed in the law are observed.

Civil Code Article 1148. Inheritance with disabled dependents of the testator

1. Citizens belonging to the heirs under the law specified in this Code, disabled to the day of the opening of the inheritance, but not included in the circle of heirs of the queue, which is called for inheritance, inherit the law together and on a par with the heirs of this queue, if at least a year before the death of the testator were dependent on his dependence, regardless of whether they lived together with the testator or not.

2. The heirs according to the law include citizens who are not included in the circle of the heirs specified in this Code, but to the day of the opening of the inheritance were disabled and at least a year before the death of the testator were dependent on his dependence and lived together with him . In the presence of other heirs, they inherit together and on a par with the heirs of the queue that is called for inheritance.

3. In the absence of other heirs, according to the law, the input leaders specified in this article are inherited by independently as heirs of the eighth queue.

Sazonov Sergey Vladimirovich11.08.2019 20:07

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Civil Code Article 1148. Inheritance with disabled dependents of the testator 1. Citizens belonging to the heirs under the law specified in Articles 1143 - 1145 of this Code, disabled to the day of the opening of the inheritance, but not included in the circle of heirs of the queue that is urged to inherit The law together and on a par with the heirs of this line, if at least a year before the death of the testator were dependent on his dependency, regardless of whether they lived together with the testator or not. 2. The heirs under the law include citizens who are not included in the circle of the heirs specified in Articles 1142 - 1145 of this Code, but to the day of the opening of the inheritance were disabled and at least a year before the death of the testator were dependent and lived together with him. In the presence of other heirs, they inherit together and on a par with the heirs of the queue that is called for inheritance. 3. In the absence of other heirs, the law specified in paragraph 2 of this article, the disabled dependents of the testator inherit independently as the heirs of the eighth queue.

Dubrovina Svetlana Borisovna12.08.2019 00:00

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Mandatory share of an adult disabled person on the right of submission

There is a testament on the heirs of the first stage, which does not indicate the granddaughter of the testator (disabled since childhood). Currently she is an adult and works. Can she inherit a mandatory share as a disabled person on the right of submission in connection with the death of one of the children long before the death of the testator?

Svetlana 07/21/2019 15:19

Hello! According to Art. 1149 of the Civil Code of the Russian Federation minors or disabled children of the testator, his disabled spouse and parents, as well as disabled dependents of the testator, inherit independently of the detention of no less than half of the share, which would be due to each of them when inherited by law (mandatory share), unless otherwise provided This article. According to Art. 1146 of the Civil Code of the Russian Federation olya heir under the law who deceased before the opening of the inheritance or simultaneously with the testator(paragraph 2 of Article 1114) , passes by the right of presentation to its respective descendants in cases provided forclause 2 of Article 1142, paragraph 2 of Article 1143 and paragraph 2 of Article 1144 This Code, and is divided between them equally. Granddaughter has the right to inheritance.

Sahibotalov Vadim Vladimirovich22.07.2019 12:18

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Svetlana 07.22.2019 16:00

Please clarify. I can not figure it out independently in the intricacies of the current legislation. Those. The granddaughter is the heir to the law solely on the right of submission in connection with the death of her parent earlier than the testator under Article 1146 of the Civil Code, regardless of the will? Or has the right to a mandatory share on the right of submission as a disabled person? In reality, the situation is as follows: the granddaughter has never been on dependency. Always lived separately, had a disability group from 12 years old, at the time of death of the testator (2019) of the age of adult, officially employed, actually able bodied. There is a group of disability at present or not, I do not know. The testament was drawn up in 2008, when the granddaughter was a minor, her deceased parent, for which she inherits the right of submission, not specified in the testament. Thanks for the answer.

Dubrovina Svetlana Borisovna23.07.2019 10:33

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Yes that's right.

Modestov-Horst Svetlana Vladimirovna23.07.2019 10:23

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Inheritance

Hello, please tell me, my grandmother died, left the testament for me. She was married her husband He's not my grandfather, my father is my grandmother's son. With the entry of the inheritance Natarius, I told me that from the preching share on the will of 1/2 her spouse has a mandatory share since he is a pensioner, that is, I received a 1/4 part, because he did not refuse her. Tell me this mandatory share is under the law, even if there were no testament or my father as the heir of the first stage received 1/2 or also 1/4. Help please figure out, very disappointing what happened so. Maybe it can be corrected as it. This situation.

Tatyana 11.02.2019 04:46.

Good day! According to Art. 1149 GK RF, grandmother's husband really has the right to half the inheritance, as he is a pensioner. If there were no testament, the husband and son inherited 1/2 share of the inheritance (1142 of the Civil Code of the Russian Federation).

Forerovansky Andrey11.02.2019 11:59

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I agree with the colleague, read these articles.

Sazonov Sergey Vladimirovich12.02.2019 12:22

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Inheritance by will

Inherited great-grandchildren. Has the right to share the son and granddaughter of the deceased

Lily 01/28/2019 15:06.

Good day! According to the law, the inheritance is carried out in the order of article Article. St. St.1142-1145. Heirs of the first stage. These include spouses, children and parents of the deceased testator. Musliments and adopted, equated to relatives by origin, i.e. They inherit both children and parents as part of the first stage. Heirs of the second stage. According to Art. 1143 GK, representatives of the specified queue are native and incommary brothers and sisters of the testator, as well as his grandfather and grandmother on both sides. Native and non-periodic nephews of the testator receive inheritance in the order of the presentation (paragraph 2 of Art. 1143 of the Civil Code). A few days ago. According to Art. 1144 GK, they are considered relative or non-fearing brothers or sisters of the parents of the deceased, i.e. His uncle or aunt. What is noteworthy, by the right of submission within the framework of this queue inherit cousins \u200b\u200band sister of the testator. Forwards of subsequent queues. According to Art. 1145 GK, they are called in cases where the successors of previous queues of the highest degree of kinship are missing. Subsequently, the queues should be attributed: to the fourth line - a great-grandmother's grandmothers; to the fifth queue - cousins, granddaughters, grandparents; for the sixth stage - cousins, uncle and aunt; by the seventh queue - steppes, stepdaughter, stepfather and stepmother; To the eighth queue - disabled dependents of the testator, subject to the lack of all previous queues. You can contact our company. Our competent experts will advise you. Call on the number specified on the site. 50% for consultation -promocode - "MIP"

Olga 24.08.2018 08:42.

Good afternoon, Olga. Specified in Art. 1149 of the Civil Code of the Russian Federation in case the wills do not inherit the entire hereditary mass of the whole, and if the testament is and in it, these persons do not appear, then half of the hereditary mass, regardless of the text of the will. Also pay attention to Art. 1148 of the Civil Code of the Russian Federation, citizens belonging to the heirs under the law disabled to the day of the opening of the inheritance, but not included in the circle of heirs of the queue, which is called for inheritance, inherit the law together and on a par with the heirs of this queue, if at least a year before the death of the testator They were dependent on his dependence, regardless of whether they lived with the testator or not. That is, disabled relatives equate to the heirs of the first stage.

Kohanov Nikolay Igorevich04.09.2018 14:32

Set an additional question

True, colleague. To disabled heirs from the legislator special attitude.