Any citizen during his lifetime has the right to dispose of his property, including to bequeath it. When drawing up the document, the notary is obliged to inform the testator that, regardless of the will, in accordance with Article 1149 of the Civil Code of the Russian Federation, citizens who are incapacitated, who were dependent on the testator during his lifetime, are called to inherit.
Article 1149 of the Civil Code of the Russian Federation provides information on the obligatory share in the inherited mass, the list of obligatory heirs is complete and exhaustive. Minors and disabled children of the testator have the right to a mandatory share of the inheritance. Adopted children are part of the compulsory heirs.
Also, the legally incompetent spouse and parents or adoptive parents of the testator and all persons who were dependent, regardless of whether they are included in the circle of heirs or not, have the right to a compulsory share. To receive the compulsory share, it is enough to be dependent for at least 12 months. Freedom of will is limited by this law.
If all property is bequeathed, then it is divided between the persons indicated in the will and between the obligatory heirs who are called to inherit by law. The shares of the obligatory heirs will be as if they inherited the property by law. For example, if the testator bequeathed all the property to one heir, he had 3 dependents. In this case, the entire inheritance shall be divided in equal parts. Regardless of the will, all heirs will receive 25% of the estate.
Obligatory heirs can refuse to receive their share, but they cannot transfer the due share in favor of other heirs, since in case of refusal, the entire share of the inheritance passes to the benefit of the persons indicated in the will. While in inheritance by law, any of the heirs has the right to give up his share in favor of all persons or a specific person.
The inheritance does not pass to the heirs automatically; you must declare your right to property in writing within 6 months from the date of death of the testator by contacting the notary office at the last place of residence of the testator or at the location of the bulk of the estate.
