Does The Guardian Have The Right To Inherit The Ward After His Death?

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Does The Guardian Have The Right To Inherit The Ward After His Death?
Does The Guardian Have The Right To Inherit The Ward After His Death?
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The rights of the ward are protected by the Civil Code of the Russian Federation and the guardianship and guardianship authorities. But with the rights of guardians, everything is not so simple. There are nuances that the guardian must take into account if, in the event of the death of the guardian, he plans to claim his inheritance. Especially if an outsider acts as a guardian. Does he have the right to do so?

Does the guardian have the right to inherit the ward after his death?
Does the guardian have the right to inherit the ward after his death?

According to law

The Civil Code of the Russian Federation establishes the order of the queue, according to which the relatives of the deceased can claim an inheritance. The heirs of the first stage are the next of kin: spouses, parents, children. The heirs of the second order are brothers and sisters (full-blooded and not). The third and subsequent stages are the relatives of the deceased's parents (uncle and aunt) and people following the third stage of kinship, respectively. The rest of the non-blood relatives who ended up in the family after remarriage make up the seventh order - these are stepmothers, stepfathers, stepdaughters and stepsons.

If the guardian is not a relative of the ward, and does not belong to any of the legal queues, then he cannot claim inheritance under the law, since the fact of registration of guardianship or trusteeship does not give the guardian inheritance rights to the property of the ward.

By will

It is another matter if the ward draws up a will in favor of the guardian. If a will is drawn up in which the guardian is indicated, he has the right to inherit his property. However, it should be borne in mind that a will has legal force only if it is written by a capable adult. Therefore, if at the time of writing the will, the ward was declared incapable (partially capable), the ward was less than 18 years old, or if the will was written by the guardian himself, as the legal representative of the ward, then it will not be valid, and the guardian will not be able to claim the inheritance. If the will in favor of the guardian was written without violating the general provisions of the Civil Code, then the inherited property becomes the property of the guardian.

However, even in the case where the guardian does not have the right to inherit by law or by will, he may be entitled to a part of the inheritance. If he incurred financial expenses for the management of the inherited property of his ward, then he can reimburse the funds spent from the funds of the deceased through agreement with the guardianship authorities.

It is also worth remembering that inheritance by will must take into account the heirs of the compulsory shares. If the guardian has minor children, disabled or partially disabled parents, a disabled spouse or he had a dependent, they will qualify for half of the inheritance. If the testator does not indicate in the will the shares of the inherited property, then all applicants will receive equally.

In any case, the property received by the guardian by inheritance from the guardian cannot pass into his ownership without the decision of the guardianship and guardianship authorities.

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