Entry into Inheritance in Belarus Without Presence
Manage inheritance in Belarus remotely with Ambylegal.by’s expert legal services. Hassle-free, efficient, and reliable.
Sometimes an inheritance is opened in Belarus for a foreign citizen or a Belarusian citizen living abroad. In such cases, heirs often have many questions about how to accept the inheritance, what steps need to be taken, and how not to miss the acceptance deadline. Without the help of an experienced lawyer, it can be difficult to navigate this process.
How to enter into inheritance independently as a person who lives abroad
An inheritance can be accepted within six months after the death of the testator. This period applies both to inheritance by will and by law if no will exists. If the heir lives abroad and the property is in Belarus, it can be accepted either personally or through a representative.
An inheritance application can be sent by mail to the notary at the testator’s place of residence, or to the location of the property if the address is unknown. It can be written in any form and must be submitted within six months after death. A personal signature is enough — no certification is required. A second application, for a certificate of inheritance, must also be submitted. It should include details about other heirs (their residence or workplace). The heir’s signature on this application must be certified at a Belarusian consulate.
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.
Cases When Heirs Can Enter into Inheritance by Power of Attorney
In some situations, heirs may not be able to travel to Belarus to handle inheritance matters in person. In such cases, they can enter into inheritance by granting a power of attorney to a trusted representative. This option is commonly used when an heir lives abroad or is unable to attend due to illness, extended travel, or other reasons. For instance, an heir can authorize a relative, friend, or legal professional to act on their behalf, ensuring the inheritance process proceeds smoothly despite their absence.
What is a Power of Attorney for Entering into Inheritance?
A power of attorney for entering into inheritance is a legal document granting one person the authority to represent another in inheritance matters. According to the Civil Code of Belarus, this power can be general, allowing broad actions such as property sales, or specific, limited to inheritance-related issues. The power of attorney for inheritance allows the representative to perform tasks such as submitting an inheritance application, refusing part of the inheritance, obtaining a certificate of inheritance rights, and signing necessary documents. This document must be notarized and, if issued abroad, translated and legalized in Belarus.
Power of Attorney for Inheritance with the Right to Subdelegate
A power of attorney for inheritance with the right to subdelegate allows the representative to transfer their powers to a third party. This means that the initial representative can grant authority to someone else, creating a power of attorney in the process of subdelegation. Such a document is referred to as a “power of attorney with the right to subdelegate.” Notaries must inform clients of this option and clarify whether they wish to grant such a right. It is crucial to note that only a legally capable adult can act as a representative under this power of attorney.
Duration of Power of Attorney for Entering into Inheritance
A power of attorney for inheritance can be issued for a period ranging from one day to three years, as specified by the principal. The duration must be clearly stated in the document. Additionally, the document must include the date and place of notarization, the notary’s certification, and the signatures of both the notary and the principal. Once the power of attorney expires, it becomes legally invalid, and the inheritance process cannot proceed under its terms. The document cannot be extended; instead, a new power of attorney must be issued.
Our Services
Power of Attorney for Inheritance: Key Authorities and Actions
Submit Inheritance Claim on Behalf of Hei
We handle the submission of the inheritance claim to the notary on behalf of the heir, ensuring all necessary documents are filed in compliance with legal requirements.
Renounce Inheritance or Part of It
We provide assistance in renouncing inheritance or part of it on behalf of the heir, ensuring that the decision is legally documented and fully executed.
Obtain Certificate of Inheritance Rights
Our services include obtaining the certificate of inheritance rights on behalf of the heir, allowing them to legally claim their inherited property.
Sign Documents on Behalf of Heir
We sign all necessary documents on behalf of the heir, ensuring that the inheritance process is completed without the heir’s physical presence.
Handle All Inheritance Matters
We manage all aspects of the inheritance process on behalf of the heir, ensuring timely and accurate action is taken to resolve any inheritance-related issues.
Actions Indicating Acceptance of Inheritance
Taking Measures to Preserve and Protect the Property
An heir is deemed to have accepted the inheritance if they take active steps to safeguard the property from damage or unlawful claims, ensuring its protection and proper care.
Paying for Property Maintenance
If the heir incurs personal expenses for the upkeep of the inherited property, such as repairs or maintenance, it demonstrates their intent to accept the inheritance and take responsibility for it.
Settling Debts or Collecting Amounts Owed
When an heir settles the decedent’s debts from their own funds or collects any amounts due to the deceased, it indicates acceptance of the inheritance and its associated obligations.
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FAQ
If an heir misses the statutory six-month period for accepting inheritance, they can file a lawsuit with the court to restore their rights. Valid reasons for missing the deadline include serious illness, being in another country, or other compelling reasons that prevented timely action. The heir must present evidence supporting their claim, such as medical certificates or travel documents, and demonstrate that they acted diligently as soon as the obstacle was removed.
Inheritance includes both assets and liabilities. However, if the heir does not wish to inherit the debts, they can renounce the inheritance within six months of the decedent’s death. There is no forced inheritance if the heir renounces it. The heir must clearly state their decision to renounce the inheritance, and this can include both assets and debts.
In Belarus, inheritance can be accepted within six months from the date of the decedent’s death. This can be done through either a will or according to statutory succession laws. If the heir does not claim the inheritance within this time frame, they lose the right to inherit, though they can apply for restoration of the missed deadline under specific circumstances.
Inheritance can be accepted remotely in Belarus by granting a power of attorney to a representative. This allows the representative to handle all legal formalities on behalf of the heir, such as submitting applications and signing documents. The power of attorney must be notarized and, if issued abroad, translated and legalized according to Belarusian law.
Heirs who cannot be present in Belarus can accept inheritance through a notarized power of attorney. This allows a trusted representative to manage all aspects of the inheritance process, from submitting the necessary applications to signing documents, all without the heir’s physical presence
If the heir lives in another region, they can still accept inheritance by issuing a power of attorney to a representative in the region where the inheritance is being processed. The representative will take care of all legal procedures on the heir’s behalf, making the process simple and efficient even for those living outside the inheritance’s jurisdiction.
The place of opening the inheritance is the location where the deceased was legally registered at the time of death. This determines which notary office will handle the inheritance proceedings. If the heir resides elsewhere, they can still proceed remotely by granting a power of attorney to someone in the location where the inheritance is handled.
Contact us
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LawyerLegal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
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AddressOffice: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
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