Short Educational Program On Hereditary Legal Relations

Testamentary succession. Exercise their right to freedom of the will can be any fully capable at the time of probate citizens. What does this mean? Person who wishes to make a will, on time of this writing must be 18 years or more (the exception being emancipated in accordance with the law minors), it should not be regarded as incapable or incompetent. To know more about this subject visit Richard Blumenthal. Law restricts the freedom of the will only as a condition of compulsory share of inheritance. Minors or disabled children, disabled spouses and parents and, in cases specified by law, disabled dependents, regardless of the content of the will are entitled to not less than half the share of the inheritance, which would be due to them in matters of inheritance by law. If they walked in the will, this part of the testamentary disposition anyway will have no legal force (Article 1149 Civil Code).

In the rest of the testator is free to dispose of their property at their sole discretion, moreover, he may order that the property is not in the ownership of this real time, but which may be acquired by the testator in the future. It should be noted that the will must be in writing, necessarily certified by a notary (or a person who had authority for certification of wills, in accordance with applicable law) and personally signed by the testator. Failure to comply with these requirements entail the invalidity of wills with the exception of as expressly provided by law. Exceptions are provided by the Code – if the right to perform notarial acts provided by law, officials of local governments and officials consular establishments of the Russian Federation; wills of citizens who are treated in hospitals, other stationary medical institutions or living in homes for the elderly and disabled, certified chief physicians, their deputies to the medical unit or on-duty doctors of these hospitals, hospitals and other stationary medical institutions, as well as heads of hospitals, directors or chief physicians of homes for elderly and disabled; wills of citizens who are on the voyage on board ships flying the national flag of the Russian Federation, certified by the captains of these vessels, probate citizens in exploration, the Arctic, or other similar expeditions, certified by the heads of these expeditions, wills troops, and paragraphs of the dislocation of military units, where there are notaries, and probate work in these parts of the civilians, their families and the families of military personnel, certified by the commanders of military units; wills of citizens who are in prison, certified by the head of detention, testamentary disposition rights over the funds in a bank must be personally signed by the testator with the date of its establishment and is certified by the bank employees who are eligible to accept for execution the client's order with respect to funds in his account.


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