Legal Aspects Of Inheritance By Will

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Legal Aspects Of Inheritance By Will
Legal Aspects Of Inheritance By Will

Video: Legal Aspects Of Inheritance By Will

Video: Legal Aspects Of Inheritance By Will
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A will is the only means that allows any citizen to dispose of his property after death. At the same time, this method of transferring property differs in certain features that should be known to any heir.

Legal aspects of inheritance by will
Legal aspects of inheritance by will

The legal features of the will are enshrined in Chapter 62 of the Civil Code of the Russian Federation, which regulates this method of disposing of property after death. At the same time, the circle of potential heirs to whom the testator can transfer any property has a certain specificity. If, upon inheritance by law, the right to receive the property of the testator is exercised in order of priority, then the will does not imply any restrictions. This means that the testator can leave an inheritance to any person, regardless of family ties, other close relationships. The law only protects the interests of persons entitled to a compulsory share in the inheritance, but does not restrict the freedom of will by any other rules.

Can debts be accepted as part of an inheritance?

Not only property, but also property obligations that the testator had, are transferred to the heirs by will. At the same time, it is possible to find out the composition of the property that was transferred in accordance with this act only after its adoption. That is why many heirs, without knowing it, risk becoming debtors on bank and other loans. You should not be afraid of losing your property, since the amount of liability in this case is also limited by the value of the property received by will. In addition, those obligations in which the personality of the obliged person is important (most often various monetary loans are transferred to the heirs).

Can the testator revoke a will?

An important legal aspect, which is forgotten by many testators and heirs, is the existence of the right to revoke, change the will at any time. During his lifetime, the testator can rewrite this document as much as he wants, and each subsequent will will cancel or change the previous one. Consideration should be given to the need for notarization of each will, without which it has no legal force. If the testator does not want to disclose the content of the relevant document, even to a notary, then it is necessary to use the opportunity provided by law to draw up a closed will. In this case, no one, except the testator himself, will find out about his will, and the basis for opening the envelope with the will will only be the presentation of the death certificate by the interested heirs.

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