Inheritance law issues are especially relevant when foreign citizens inherit property in Belarus. Resolving such issues often requires legal assistance. Inheritance law in the Republic of Belarus has its own peculiarities. There are two ways of inheritance: by will and by law. By law, they inherit when there is no will or the heir has the right to a mandatory share in the inheritance. Certain relatives of the testator may be heirs by law. There are people close to the testator who are entitled to a mandatory share in the inheritance. Our experienced lawyers will deal with the intricacies of inheritance, as heirs take over the rights to inherited property through a notary, and in some cases through the court.
Features of inheritance by will
Who makes the will
The will is drawn up by a notary. The author of the will is called the “testator”. In some cases, the will is not executed by a notary, but in other institutions where the testator is located. The will will be legal:
- certified by the chief physician of the hospital,
- certified by the head of a boarding house for the elderly and disabled,
- certified by the commanders of military units,
- certified by the heads of institutions where punishments are executed, wills of prisoners, etc.
In such cases, witnesses are present when making a will.
Notaries, other persons who sign wills, and witnesses should not share information about the will with others before opening the inheritance. This is called the “secret of the will.”
Who is indicated in the will
The testator may bequeath his property or part of his property to one or more persons, not necessarily to his relatives. Sometimes several people are listed as heirs in the will without determining who inherits what property or without determining the shares. In this case, it is believed that the property was bequeathed to the heirs in equal shares.
In the will, the testator may appoint the executor of the will with his consent. This man is not the heir.
Features of inheritance by law
When the testator has not left a will, the testator’s relatives inherit the property in turn.
Inheritance queues
There are 4 inheritance queues in total:
- The first stage is the husband, wife, children (adopted too), parents (adoptive parents).
- The second stage is brothers and sisters who have common parents or one common parent, as well as brothers and sisters of the testator.
- The third stage is the grandfather and grandmother of the testator on the father’s side and on the mother’s side.
- The fourth stage is the testator’s uncles and aunts.
The testator’s grandchildren and great-grandchildren can become heirs of the first stage when their parents died at the time of the testator’s death. The testator’s nephews can become heirs when their parents — brothers, sisters of the testator — have died. Such inheritance is called “inheritance by right of representation”.
When there are no heirs of the previous queue, the heirs of the next queue inherit the property.
Who cannot inherit according to the law
Persons cannot legally be heirs:
- intentionally committed a crime against the testator and the will.
- Deprived of parental rights in relation to testator children.
- In respect of which the court found that they evaded the responsibilities of the testator’s maintenance.
Who is entitled to a mandatory share in the inheritance
Some relatives of the testator can become heirs regardless of the will and are entitled to a mandatory share in the inheritance. At least half of the share that these people would receive when inheriting by law (a mandatory share) can receive:
- The testator’s children under the age of 18 (minors).
- Disabled children of the testator. For example, people with disabilities.
- The disabled spouse and parents of the testator. These are old-age pensioners and the disabled.
Acceptance of inheritance
It is necessary to accept the inheritance within 6 months from the date of the opening of the inheritance. The day of the opening of the inheritance is considered the day when the testator died.
Appeal to the notary
To accept an inheritance, an application is submitted to a notary in the area where the inheritance was opened. As a general rule, you need to come to the notary in person with a passport or residence permit. It is possible to contact a notary through a representative. This is relevant when the heirs are in another country. Our lawyers are ready to represent your interests in the inheritance case.
The notary will review the documents and issue a certificate of inheritance. This is a paid service, you will need to pay a notary fee from 100 to 500 percent of the base amount. Earlier than before the end of 6 months from the date of the opening of the inheritance, a certificate of inheritance is usually not issued.
What to do if you miss the deadline for contacting a notary
Appeal to the court
When the heir has missed the deadline for accepting the inheritance, he needs to go to court. The court may recognize the reasons for missing the deadline as valid when the heir could not have known about the opening of the inheritance and appealed to the court within 6 months after he found out. In this case, the court recognizes the heir as having accepted the inheritance and resolves issues related to the rights of other heirs. You cannot do without the help of an experienced lawyer in court. Our lawyers are ready to prepare documents for the court and represent your interests for restoration of inheritance rights.
The opportunity to resolve the issue without a trial
Without a trial, an heir who has missed the deadline for accepting an inheritance can accept it when all other heirs agree to it. To do this, all the heirs draw up and sign a common document — an agreement. Based on this agreement, the notary issues a new certificate of inheritance. Our lawyers will prepare such a document and send it to other heirs.
How we can be useful in resolving hereditary issues
Our lawyers and attorneys are experienced specialists in inheritance law. We can:
- Advise you on inheritance and inheritance acceptance;
- Advise you on the issues of making and executing a will;
- Represent your interests in the inheritance case by a power of attorney;
- Prepare documents for the agreement on recognition of the heir for the notary;
- Prepare documents for the court, including a statement of claim;
- Represent your interests in court.
Contact us
If you have any questions or disputes about the inheritance law — we will be happy to help you! Our long-term experience in the field of inheritance law will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
