The issue of inheritance is one of the most relevant and significant aspects of civil law. Heirs are persons who receive the rights and duties of the deceased (testator) by the norms and rules established by law. But who exactly can be recognized as the heir?
In this article, we will look at who the heirs are, the classification of heirs, and the conditions and procedures for recognizing persons as such. Understanding these concepts is important for the successful management of inheritance rights, as well as for preventing possible disputes and conflicts between family members. Let’s look at what factors affect the status of the heir, who cannot be the heir, and how to act when it is necessary to exercise the rights of heirs.
Who are the Heirs
Inheritance is based on the principle of continuity: the property, rights, and debts of the deceased do not disappear but pass to other persons, who are called heirs.
Heirs are persons who, upon a person’s (testator) death, receive his property, rights, and obligations in accordance with the law or will. Inheritance is a legal process regulated by civil law and is important in ensuring property transfer between generations.
Heirs may be persons who are alive at the time of the discovery of the inheritance, as well as those who were conceived during the testator’s lifetime and were born alive after the discovery of the inheritance. Legal entities that existed at the time of the discovery of the inheritance, as well as the Republic of Belarus and its administrative-territorial units, may be heirs under a will.
The discovery of an inheritance is the fact of a person’s death or the declaration of his death in court. The inheritance is opened from the date of the person’s death.
Legal Grounds for Recognizing Heirs
Heirs are determined in two ways:
Method 1. According to the law.
If the testator has not left a will or the court has declared it invalid, the property passes to the heirs established by law. The law determines the continuity of heirs who receive the right to inheritance depending on the degree of kinship with the deceased. Also, the law norms define persons entitled to a mandatory share in the inheritance, regardless of the content of the will and the degree of kinship by which they inherit when no relatives are in the order of inheritance.
Method 2. According to the will.
When the testator leaves a will, the property is distributed in accordance with his will, as expressed in this document.
A will takes precedence over the norms of the law. Still, it cannot violate the mandatory rules established to protect the rights of certain categories of heirs, for example, minor children or disabled parents.
The Rights of Heirs in the Inheritance Process
The status of an heir imposes certain rights and obligations. First, the heirs have the right to accept or reject the inheritance. Accepting an inheritance means receiving property and being responsible for the testator’s debts within the value of the inherited property. You can accept the inheritance at the end of 6 months after the testator’s death (opening of the inheritance).
In addition, heirs are required to follow the procedures established by law, such as submitting an application for inheritance within the prescribed period (usually up to six months after the opening of the inheritance) and registration of property rights.
Who are Recognized as Heirs
There are heirs according to the will and according to the law. Heirs can be roughly divided into several categories:
1. Relatives are heirs by law.
Most heirs are determined by the degree of kinship with the testator. These include:
- First-line heirs: children, spouse, and parents.
- Second-line heirs: the testator’s brothers and sisters, including those who are not fully related.
- Third-line heirs: grandfathers and grandmothers of the deceased person.
- Fourth-line heirs: brothers and sisters of the testator’s parents, including those who are not fully related (uncles and aunts of the testator).
- Heirs of subsequent lines: more distant relatives, such as great-grandfathers and great-grandmothers, children of the testator’s nephews and nieces. When there are no heirs in four lines, the definition of “degree of kinship” is used. At the same time, relatives from the third to the sixth degree of kinship are called upon to inherit.
2. Heirs according to the will.
These can be either relatives or any other persons specified in the will. The testator has the right to leave property to any person, legal entity, or state.
Usually, a will is drawn up in two copies, one of which is kept by a notary and the other by the testator. The will contains information from a notary public who keeps a copy of the will. The heirs must apply to this notary after the death of the testator. The testator is not obliged to keep the contents of the will secret.
If the heirs do not have a will but know that the testator left it, they can contact any notary. Through a special information system, a notary can find out which notary in Belarus has drawn up a will and where its notarized copy is kept. During the testator’s life, notaries do not disclose such information; it is classified as a notarial secret.
Only based on the testator’s death certificate after the inheritance case’s opening did the notary verify whether there was a will. After that, he can disclose the will’s contents to the heirs.
3. Heirs of the obligatory share.
Even if the testator did not mention them in the will, some categories of persons are entitled to a obligatory share of the inheritance. Such persons include disabled dependents, minors or disabled children of the testator, his disabled spouse and parents. When the testator has left a will, the obligatory share is allocated from the uncreated part of the property, but when it is not enough, then from the bequeathed property.
We recommend that you consult our experienced inheritance lawyer for all matters related to the recognition of heirs and inheritance.
Acceptance of Inheritance
For a person to be recognized as an heir, he must accept the inheritance. The heir accepts everything inherited; there can be no refusal of part of the inheritance or conditions (reservations) when accepting the inheritance.
It is believed that if the heir has accepted part of the inheritance, he has accepted the entire inheritance, wherever it is located.
How do the Heirs Accept the Inheritance
The heir who wishes to accept an inheritance submits to a notary office at the place where the inheritance was opened an application for acceptance of the inheritance or an application for the issuance of a certificate of the right to inheritance.
It is recognized that the heir accepts the inheritance when he owns or manages the property. It can be expressed in the following actions:
- Taking measures for the safety of property, protecting it from third parties.
- Payment of expenses for the maintenance of the property.
- Payment of the testator’s debts at his own expense.
- Receiving from third parties the amounts owed to the testator.
Who is Not Recognized as the Heir
The inheritance regulations list persons who are not recognized as heirs. These restrictions aim to protect the testator’s interests and the fair distribution of his property. Let’s consider the main cases when a person is not recognized as an heir.
1. Unworthy heirs
Persons who have caused harm to the testator by their actions, including those entitled to a obligatory share in the inheritance, are recognized as unworthy heirs. Causing harm to the testator includes:
- Committing a crime against the life or health of the testator. For example, if the heir caused bodily injury or tried to take the testator’s life.
- Forging a will or forcing the testator to change it. Any fraud or pressure on the testator in making a will leads to depriving the right to inheritance.
Unworthy heirs cannot inherit either by will or by law.
In the case of inheritance, parents are not legally recognized as heirs for children for whom the parents were deprived of parental rights and persons who were obliged to support the testator but evaded maintenance (the court must confirm this). The court decides to recognize a person as an unworthy heir.
2. Persons who renounced inheritance
Heirs may voluntarily give up their share of the inheritance. Such a refusal is made out in writing and notarized. After a refusal, a person loses all rights to the testator’s property, including the opportunity to claim it. When all the heirs have renounced the inheritance, it is called “extortionate,” and it passes to the administrative-territorial unit at the location of the inherited property.
3. Persons excluded from the will
If the testator has drawn up a will indicating specific heirs, then persons not included in the will cannot claim the inheritance. The exception is mandatory heirs, such as minor children, dependents, or disabled parents, who are entitled to a share of the estate regardless of the terms of the will.
4. Persons deprived of inheritance by a court decision or by a will
The testator has the right to indicate in the will that certain persons are deprived of the right to inherit his property. Personal circumstances, such as a bad relationship or inappropriate behaviour, may justify such a decision.
5. Persons recognized as legally incompetent
If a person is declared legally incompetent by a court (for example, in the case of a mental illness), he may be limited in the right of inheritance. However, in this case, everything depends on the specific circumstances and the court’s decision.
6. Spouses of testators who did not live with them for at least 5 years before the opening of the inheritance
By court decision, the spouses of testators who did not actually live together for at least 5 years before the testator’s death and did not run a common household may be legally excluded from inheritance.
Thus, a person’s recognition as an heir depends on compliance with certain legally established conditions. If there are doubts about the legitimacy of the heir’s claims, the person concerned may apply to the court to resolve the dispute.
Conclusion
An heir is a person who receives the rights and obligations of the testator after his death within the framework established by law or will. Heirs can be either close relatives or other persons specified in the will. Without a will, inheritance takes place according to the law, considering the established order of heirs.
Understanding the status of the heir and the order of continuity plays an important role in protecting the rights of all interested parties. In case of disputes or difficulties, it is recommended to contact a qualified lawyer to avoid misunderstandings and legal errors.
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.
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