Inheritance issues have always aroused interest and sometimes even controversy in society. Each of us faces this topic, whether in the context of family relationships, financial issues, or legal aspects. The order of inheritance is a complex system that regulates the transfer of property after the death of its owner. It is important to understand the specifics of inheritance to avoid conflicts and protect the rights of heirs. In this article, we will look at the main types of inheritance, the rules of registration, and important points to remember when planning an inheritance case. Of course, we recommend that you contact our experienced lawyer for any questions you may have regarding inheritance.
When it Comes to Inheritance
Inheritance occurs when the owner of property and other assets dies. It is a mechanism for the transfer of assets, both tangible and intangible. These assets may include real estate, money, cars, securities, other property, and intellectual property rights.
There are several basic types of inheritance.
- By “law,” inheritance occurs according to legislative norms when heirs receive property based on the established order.
- By “will” — when the property owner independently determines who inherits what. Disputes often arise when inheriting a will, especially if it is unclear or there are contradictions.
Different jurisdictions may have peculiarities in the rules of inheritance. For example, some countries apply mandatory share systems for certain categories of heirs (e.g. children and spouses), which may affect the distribution of property.
Thus, familiarizing yourself with the order of inheritance is not only a necessity but also an important step towards ensuring harmony in relationships with loved ones and properly managing the accumulated wealth. In the next part of the article, we will look at the basic rules and stages of the inheritance process, allowing you to better navigate this important issue.
Inheritance by Law
Inheritance by law occurs when the testator has not left a will. In this case, the testator’s assets are inherited by his relatives in the order of priority established by the norms of law.
Succession
There are four inheritance lines:
- The first line includes spouses, children (including adopted children), and parents (including adoptive parents).
- In the second line are the brothers and sisters who have common parents or at least one common parent, as well as the testator’s brothers and sisters.
- The third line consists of the testator’s paternal and maternal grandparents.
- The fourth line includes the testator’s uncles and aunts.
The testator’s grandchildren and great-grandchildren may receive the right of inheritance if their parents died before the testator’s death. Nephews can become heirs only if their parents, the testator’s brothers or sisters, have already died. This is called “inheritance by right of representation.”
If there are no heirs in the previous lines, or they did not accept the inheritance, they refused it; then the property passes to the heirs of the next line.
When the deceased has no heirs from the 1st to the 4th line, relatives of subsequent degrees of kinship inherit the property. In this case, we recommend that you contact our inheritance lawyer.
The spouse of the deceased has the right to:
- Ownership of a part of the property acquired in marriage is not subject to succession.
- A share in the inheritance in the first line.
Which Relatives Cannot Inherit according to the Law
According to the law, not all deceased relatives can be his heirs. Legal norms determine the list of persons who do not inherit. They cannot inherit according to the law:
- Persons who have committed an intentional crime against the testator or his will.
- Persons who have been deprived of parental rights about testator children.
- Persons about whom the court has confirmed the evasion of responsibilities for the maintenance of the testator.
Inheritance by Will
When the testator has left a will, there is no question of succession. The order of inheritance, which the testator has determined in the will, applies. According to the will, not only the testator’s relatives can inherit, but also other persons, organizations and the state.
What is a Will
A will is an official document on paper in which a person expresses his will regarding the distribution of his property after his death. The will is drawn up personally by the person who wants to bequeath his property. A representative cannot make a will.
It’s not enough to just write a will on paper. It must be notarized or certified by a government organization where the person who made the will is undergoing treatment, maintenance, or military service.
Signing the Will
The testator personally signs the will. When he cannot do so due to illness or physical disabilities, the will is signed by another person in the presence of a notary. In this case, the will states:
1. Reasons why a testator cannot sign a will.
2. First name, last name, patronymic and place of residence of the signatory.
What Rights does the Testator Have Regarding the Will
A will is not immutable. A testator has a number of rights about a will:
- A testator is not required by law to bequeath property to heirs. He can disinherit them all or some of them without explaining the reasons.
- Any property may be mentioned in the will, including those that do not yet belong to the testator but may become his property on the day of the opening of the inheritance.
- The testator may specify a condition that must be fulfilled for the heir to accept the inheritance. The condition must relate to the heir’s behavior and comply with legal norms.
- The testator may appoint another heir to replace the heir who does not accept the inheritance, refuses it, dies before it is opened, or fails to fulfil a legitimate condition for accepting it. This is called “substitutional bequest.”
- The testator has the right to revoke or amend the will at any time and is not obliged to inform anyone about the reasons for such actions.
- The testator has the right to make a closed will, which a notary certifies without reading. Such a will can only be written and signed by the testator. A sealed envelope with a will needs the signatures of two witnesses.
Which Persons are Considered Heirs
The heirs are those who are listed in the will.
Heirs can apply to a notary office to obtain a certificate of inheritance within six months of the testator’s death. The day of the testator’s death is considered the opening day of the inheritance.
What is the Secret of a Will
Persons present at the making of the will: witnesses, the person who signs the will instead of the testator, must observe the secrecy of the will. The notary warns them of such a duty.
These persons, including the notary, do not have the right to disclose information about the will’s contents, its drafting, amendment or cancellation before the opening of the inheritance.
How do the Heirs Find Out about the Will
Heirs may not know that the deceased left a will. To find out, you can contact a notary at the place of residence of the deceased or use the online search for an open inheritance file on the website of the Belarusian Notary Chamber https://enotary.by/#/legacy. You need to fill out a small form to determine if the inheritance case is open and which notary.
What is Inheritance Acceptance
Acceptance of an inheritance is an application by heirs to a notary public who has opened an inheritance case. It is necessary to apply to a notary public within 6 months after the testator’s death. Usually, a notary public is provided with a death certificate. When this deadline is missed, they usually go to court. Regarding the acceptance of inheritance, if you miss deadlines, we recommend you consult our inheritance lawyer.
Usually, heirs must personally visit a notary with a passport or residence permit. You can contact a notary through a representative if the heirs are abroad. Our lawyers are ready to represent your interests in the inheritance process.
The notary will review the submitted documents and issue a certificate of inheritance. This service is paid, and the notary’s tariff ranges from 100 to 500 per cent of the base value. As a rule, a certificate of inheritance is not issued until six months after the opening of the inheritance.
What is a Closed Will
A closed will is a will that a notary certifies without reading it in a sealed envelope.
A closed will is written and signed by the testator. He submits such a will to a notary public with two witnesses who leave their signatures on the envelope with the will. The notary places the will in another envelope in the presence of the testator and witnesses. On this envelope, the notary shall indicate information about the testator, the witnesses, and the time and place of acceptance of the will.
In the event of the testator’s death, the notary shall open the envelope with the will no later than 15 days after he has received confirmation of the fact of the testator’s death (death certificate or certificate from the authorities that registers the facts of death). The envelope is opened in the presence of two witnesses, and the testator’s relatives and other interested parties may also be present.
The notary sends messages to the heirs about their right to inheritance no later than the next day after opening the envelope.
Which Relatives of the Testator Inherit Regardless of the Existence of a Will
Some relatives of the testator can inherit regardless of whether there is a will and are entitled to a mandatory share in the inheritance. This mandatory share is at least half what they would have received by law. Such heirs include:
- The testator’s children are under the age of 18 (minors).
- The testator’s disabled children, for example, the disabled.
- The testator’s disabled spouse and parents, including pensioners and the disabled.
Conclusion
The order of inheritance is an important and multifaceted process that regulates how and to whom the rights to property are transferred after the testator’s death. The rules of inheritance may vary depending on the existence of a will, the composition of the heirs, and their legal status. Knowing the basic principles and nuances of this process will help avoid conflicts and ambiguities in the future. Contacting competent lawyers and careful observance of legal norms will ensure a fair distribution of inheritance and protection of the rights of all interested parties.
Contact us
If you have any questions and disputes related to the recognition of heirs and inheritance in Belarus, we will be happy to help! Our long-term experience in the field of protecting citizens’ rights will help you resolve any disputes in this area.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
