of June 29, 2009 No. 5
About some questions of application by courts of the legislation on inheritance
For the purpose of uniform application of the legislation on inheritance, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:
1. Resolving disputes over cases on inheritance, courts shall be guided by the legislation existing on the opening day of inheritance.
The new law making any changes and additions to former procedure for regulation of the relations on inheritance is applied to those rights and obligations which arise after its introduction in action.
2. According to Article 1042 of the Civil code of the Republic of Kazakhstan (further - group of companies) time of opening of inheritance day of death of the testator is recognized, and in case of the announcement his dead - day of entry into force of the judgment on the announcement of the citizen by the dead or the day of death established by the judgment. If the death of citizens who could inherit one ambassador of another came at the same time or in one calendar days, though in different hours, then they do not inherit the friend after the friend and heirs of each of them are called for inheritance.
3. The place of opening of inheritance is the last residence of the testator.
According to Article 16 of group of companies the residence that settlement where the citizen constantly or mainly lives is recognized. According to Item 2 of article 51 of the Law of the Republic of Kazakhstan of July 22, 2011 No. 477-IV "About population shift" (further - the Law "About Population Shift" registration of citizens is performed at the place of residence and in the place of temporary stay (accommodation). According to subitem 17-1) of article 1 of the Law "About Population Shift" the place of temporary stay (accommodation) are the building having the address, the room or the dwelling which is not the residence and in which person stays (lives) temporarily. As a rule, the last residence of the testator matches with the place of permanent residence.
If the last residence of the testator who had property in the territory of the Republic of Kazakhstan is unknown or is beyond its limits, the place of opening of inheritance the location of such heritable property (the location of real estate, place of registration of personal estate, the location of bank in which the account of the testator, etc. is opened) is recognized the Republic of Kazakhstan. If the specified inheritance is located in different places, the place of opening of inheritance is the location of the real estate which is its part, 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.
In cases when the residence of the testator is known to heirs, but they cannot for any reasons document it, according to the statement of the heir the dispositive fact of the place of opening of inheritance by court according to the procedure of Articles 305, of 306, of 307, of 308, 309 Codes of civil procedure of the Republic of Kazakhstan can be determined (further - GPK).
In case of the death of the citizen out of its permanent place of residence (for example, in connection with passing of the active military service, training, conditions and kind of work, business trip, the placement to medical institution, stay in places of detention, etc.), the last permanent residence of such persons the place where they constantly lived to death is recognized (to appeal on military service, before revenues to study, before departure in business trip, before condemnation, etc.).
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