It sometimes happens that an inheritance is opened in Belarus for a foreign or Belarusian citizen who lives in another country. In this regard, the heirs have many questions about how to accept the inheritance, what needs to be done so as not to miss the deadline for acceptance, etc. Without the services of an experienced lawyer, it is difficult to navigate this.
How to enter into an inheritance independently to a person who lives abroad
You can accept the inheritance within six months after the death of the testator. This period is the same for entering into inheritance by will and by law, when there is no will. When the heir lives abroad and the inherited property is located in Belarus, there are several ways to accept it as an inheritance without being present in Belarus: independently or with the help of a representative in Belarus.
The application for acceptance of the inheritance can be sent by mail to the notary office at the place of residence of the testator. If the heir does not know the address of the testator, the application can be sent to the location of the property that was inherited. The application is written in any form. The application must be submitted before the end of 6 months after the death of the testator. It is enough to sign the application with your own hand, you do not need to certify the fidelity of the signature at the consulate or at the notary.
The second application to be submitted to the heir is an application for the issuance of a certificate of inheritance. There are certain requirements for the content of such a statement. In particular, you need to write information about other heirs in it: place of residence or place of work. The signature of the heir in such a statement must be witnessed at the Consulate of Belarus.
How to enter into an inheritance with the help of a representative
It is possible to issue a power of attorney to a citizen of Belarus to accept an inheritance on behalf of the heir. Such a power of attorney can be drawn up and certified at the Consulate of Belarus abroad or at a notary. In the power of attorney, it is necessary to register the authority to accept the inheritance. If desired, the heir can register in the power of attorney the authority for other actions within the framework of the inheritance case. For example, a representative can be authorized to submit an application for a certificate of inheritance, to provide a notary with the documents that are needed to issue a certificate of inheritance, to receive a certificate of inheritance.
It may be necessary to affix an apostille or consular legalization of a power of attorney issued by a foreign notary. When the State in which the power of attorney is issued participates in the Hague Convention, an apostille is affixed to the power of attorney. These are 124 states, in particular, Israel, almost all EU countries, the USA, the CIS, Saudi Arabia. When the heir is in a state that does not participate in the Hague Convention, it is necessary to make consular legalization of the power of attorney.
A power of attorney, which is drawn up in a foreign language (not Russian or Belarusian), is translated in Belarus by an interpreter who cooperates with the notary chamber.
If the deadline for inheritance is missed, the lawyer will help restore it. Such a term is restored in court.
How we can be useful when entering into inheritance without being present on the territory of Belarus
Our lawyers and attorneys are experienced specialists in inheritance law and speak English. We can send applications on your behalf to Belarusian notaries and perform other actions within the framework of the inheritance case by a power of attorney. We can:
- Advise you on the issues of inheritance without presence on the territory of Belarus;
- Advise you on the issue of registration of documents for conducting your inheritance business without presence in Belarus;
- Send to the notary by a power of attorney an application for acceptance of the inheritance;
- Draw up and issue a power of attorney for the conduct of an inheritance case;
- Conduct your inheritance business by a power of attorney without your presence in Belarus;
- Prepare documents for the court on the restoration of the missed term of inheritance and represent your interests in court.
Contact us
If you have any questions or disputes about entering into inheritance without being present on the territory of Belarus – 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.
