of November 26, 2001 No. 146-FZ
Accepted by the State Duma of the Russian Federation on November 1, 2001
Approved by Council of the Russian Federation on November 14, 2001
1. In case of inheritance the property of the dead (inheritance, heritable property) passes to other persons according to the procedure of universal succession, that is in invariable type as a unit and at the same moment if other does not follow from rules of this Code.
2. Inheritance is regulated by this Code and other laws, and in the cases provided by the law, other legal acts.
Inheritance is performed according to the will, under the heritable agreement and under the law.
Inheritance under the law takes place when and as it is not changed by the will, and also in other cases established by this Code.
The inheritances of thing belonging to the testator on the opening day, other property, including property rights and obligations are part of inheritance.
The right to the alimony, the right to indemnification, the citizen caused to life or health, and also the rights and obligations which transition according to the procedure of inheritance is not allowed by this Code or other laws are not part of inheritance of the right and obligation, inseparably linked with the identity of the testator, in particular.
The personal non-property rights and other non-material benefits are not part of inheritance.
The inheritance opens with the death of the citizen. The announcement court of the citizen the dead involves the same consequence in law, as the death of the citizen.
1. Time of opening of inheritance is the moment of death of the citizen. In case of the announcement of the citizen in the died opening day of inheritance day of the introduction in legal force of the judgment about the announcement of the citizen by the dead and in case according to Item 3 of article 45 of this Code in the afternoon of death of the citizen day of his expected death is acknowledged, - the day and the moment of death specified in the judgment is.
2. The citizens who died in the same day are considered for the purpose of heritable legal succession as the dead at the same time and do not inherit the friend after the friend if the moment of death of each of such citizens cannot be established. At the same time heirs of each of them are called for inheritance.
The place of opening of inheritance is the last residence of the testator (Article 20).
If the last residence of the testator who had property in the territory of the Russian Federation is unknown or is beyond its limits, the place of opening of inheritance the location of such heritable property is recognized the Russian Federation. If such heritable property is in different places, the place of opening of inheritance is the location being its part of real estate or the most valuable part of real estate, and in the absence of real estate - the location of personal estate or its most valuable part. The value of property is determined proceeding from its market value.
1. The citizens who are in live at the time of opening of inheritance, and also conceived during lifetime of the testator and born live after opening of inheritance can be called for inheritance.
According to the will the legal entities who are also specified in it existing on the opening day of inheritance and the heritable fund founded in pursuance of the last will of the testator expressed in the will can be called for inheritance.
2. To inheritance according to the will the Russian Federation, subjects of the Russian Federation, municipalities, foreign states and the international organizations, and can be called for inheritance under the law - the Russian Federation, subjects of the Russian Federation, municipalities according to Article of 1151 of this Code.
1. Citizens who the intentional illegal actions directed against the testator any of his heirs or against implementation of the last will of the testator expressed in the will promoted or tried to promote calling of their or other persons to inheritance either promoted or tried to promote increase due to them or other persons of share of inheritance do not inherit neither under the law, nor according to the will if these circumstances are confirmed judicially. However citizens to whom the testator after loss of inheritance right by them bequeathed property had the right to inherit this property.
Parents after children concerning whom parents judicially were deprived of the parent rights do not inherit under the law and are not recovered in these rights by the opening day of inheritance.
2. Upon the demand of the interested person the court discharges of inheritance under the law of citizens, is malicious evading from accomplishment of the obligations lying on them by law on content of the testator.
3. Person who does not have the right to inherit or discharged of inheritance based on this Article (the unworthy heir) shall return all property which is superficially received by it from structure of inheritance according to rules of Chapter 60 of this Code.
4. Rules of this Article extend to the heirs having the right to obligatory share in inheritance.
5. Rules of this Article are respectively applied to testamentary refusal (Article 1137). In case accomplishment of certain work for the unworthy legatee or rendering certain service to it was subject of testamentary refusal, the last shall compensate to the heir who performed testamentary refusal, cost of the work performed for the unworthy legatee or the service rendered to him.
1. It is possible to dispose of property on death case by making of the will or the conclusion of the heritable agreement. Rules of this Code about the will are applied to the heritable agreement if other does not follow from being of the heritable agreement.
2. The will can be made by the citizen having at the time of its making capacity to act in full.
4. The will can be made by one citizen, and also the citizens who are married among themselves at the time of its making (the joint will of spouses). Rules of this Code about the testator are applied to the spouses who made the joint will.
In the joint will of spouses they have the right to determine the following consequences of death of each of them including which came at the same time by mutual discretion: bequeath common property of spouses, and the property of each of them is equal to any persons; in any way to determine shares of heirs in the corresponding heritable weight; determine the property entering the heritable mass of each of spouses if determination of the property entering the heritable mass of each of spouses does not violate the third party rights; disinherit one, several or all legal heirs, without specifying the reasons of such deprivation; include other testamentary dispositions which possibility of making is provided by this Code in the joint will of spouses. Conditions of the joint will of spouses are effective in the part which is not contradicting rules of this Code about obligatory share in inheritance (including about obligatory share in inheritance, the right to which appeared after creation of the joint will of spouses), and also about prohibition of inheritance by unworthy heirs (Article 1117).
The joint will of spouses voids in case of annulment of marriage or recognition of scrap invalid both to, and after the death of one of spouses.
In case of recognition of declaration of will of one of spouses in case of the making of the joint will by them not to relevant requirements of the law according to the procedure provided by the paragraph third Item 2 of Article of 1131 of this Code to such will are subject to application of regulation of this Code about debatable or insignificant transactions depending on the bases of invalidity of declaration of will of one of spouses.
One of spouses at any time, including after the death of other spouse having the right to make the subsequent will, and also to cancel the joint will of spouses.
If the notary certifies the subsequent will of one of spouses, accepts the closed subsequent will of one of spouses or certifies the order of one of spouses about cancellation of the joint will of spouses during lifetime of both spouses, he shall send to other spouse according to the procedure, stipulated by the legislation about notariate and notarial activities, the notification on the fact of making of such subsequent wills or on cancellation of the joint will of spouses.
5. The will is the unilateral transaction which creates the rights and obligations after opening of inheritance.
6. The rights provided by the heritable agreement and obligations arise after opening of inheritance, except for obligations which owing to the heritable agreement can arise before opening of inheritance and are assigned to that agreement party which can be called for inheritance for the testator (Article 1116). Rules of this Code about the testator are applied to the testator who signed the heritable agreement if other does not follow from being of the heritable agreement.
1. The testator has the right to bequeath at discretion property to any persons, in any way to determine shares of heirs in inheritance, to disinherit one, several or all legal heirs, without specifying the reasons of such deprivation, and in the cases provided by this Code to include other orders in the will. The testator has the right to cancel or change the committed will according to rules of article 1130 of this Code.
Freedom of the will is limited to rules about obligatory share in inheritance (Article 1149).
2. The testator shall not report to someone about content, making, about change or cancellation of the will.
The testator has the right to make the will containing the order about any property including about that which he can acquire in the future.
The testator can dispose of the property or its any part, having constituted one or several wills.
1. The testator can make the will for benefit of one or several persons (Article 1116), the legal heirs both entering, and not entering circle.
2. The testator can specify in the will of other heir (to podnaznachit the heir) in case the heir appointed by it in the will or the testator's heir under the law will die before opening of inheritance, either along with the testator, or after opening of inheritance, without having managed to accept it, or will not accept inheritance for other reasons or will refuse it, either will not have the right to inherit or will be discharged of inheritance as unworthy.
1. The property bequeathed to two or several heirs without specifying of their shares in inheritance and without specifying of that being part what inheritances of thing or the rights to which of heirs intend, it is considered to bequeathed heirs in equal shares.
2. Instruction in the will on part of indivisible thing (Article 133), intended to each of heirs in nature, does not involve invalidity of the will. Such thing is considered bequeathed in the shares corresponding to the cost of these parts. The procedure for use of heirs of this indivisible thing is established according to the parts of this thing intended to them in the will.
In the certificate on the right to inheritance concerning the indivisible thing bequeathed in parts in nature, shares of heirs and procedure for use of such thing in case of the consent of heirs are specified according to this Article. In case of dispute between heirs of their share and procedure for use of indivisible thing are determined by court.
The notary, other person certifying the will, the translator, the testamentary executor, witnesses, the spouse participating in making of the joint will of spouses, the spouse who is present at the certificate of the will of other spouse, the party of the heritable agreement, the notaries having access to the data containing in notariate unified information system, and persons performing data processing of unified information system of notariate, and also the citizen signing the will or the heritable agreement instead of the testator or the testator, having no right to disclose before opening of inheritance the data concerning contents of the will or the heritable agreement, their making, the conclusion, change or cancellation. The person who is not the testamentary executor, the notary or other person certifying the will, having no right to disclose the specified data and after opening of inheritance if disclosure of the specified data contradicts Article 152.2 of this Code.
In case of violation of secrecy of the will the testator has the right to demand compensation of moral harm, and also to use other methods of protection of the civil laws provided by this Code.
Representation by the notary certifying the will other person of data on the certificate of the will, cancellation of the will, submission by the notary of data on the certificate of the heritable agreement, notification on the refusal of the testator of the heritable agreement in notariate unified information system according to the procedure established by Bases of the legislation of the Russian Federation on notariate and also the direction of the notification on the making fact after the joint will of spouses of the subsequent will of one of spouses or about cancellation by one of spouses of the joint will of spouses or the direction to the parties of the heritable agreement of the copy of the notification on refusal of the testator of the heritable agreement is not disclosure of secrecy of the will.
The notary has the right to certify the will of each of spouses in the presence of both spouses.
After the death of one of the spouses who constituted the joint will, the testamentary executor and the notary have the right to disclose in connection with execution of the obligations by them only the data relating to consequences of death of this spouse.
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