What does legal inheritance mean?
The rules on inheritance in the Republic of Belarus are enshrined in the Civil Code. These legal facts take place when the person who owns the property dies. The day of death of a person is considered the day of opening the inheritance. From that day on, his relatives, who wish to receive the property they owe, can turn to a notary for registration of their rights. You can inherit both an apartment, a summer residence, an office space, and a lost pension, deposits and bank accounts, a car, valuables, personal belongings, etc.
Inheritance in Belarus is possible by law and by will. Inheritance by law takes place when a person has not made a will in favor of a certain person, that is, when the deceased did not dispose of his property during his lifetime. In this case, the general rules on inheritance by law come into force, i.e. in order of priority.
Priority of inheritance by law in Belarus
The Civil Code of the Republic of Belarus determines that heirs are called to inherit in order of priority, that is, the heirs of the first order, then the second, third, fourth, fifth, etc. inherit first. It turns out that, for example, the heirs of the third stage are called to inherit if there are no heirs of the first and second stages.
So, the legislation refers to the heirs of the first stage:
- the spouse of the deceased;
- children of the deceased, including adopted children;
- the parents of the deceased.
The deceased's grandchildren inherit by right of representation. The right of representation is that in the event of the death of the heir before the opening of the inheritance (for example, the death of the son before the death of the testator father), the children of the heir (children of the son, that is, the grandchildren of the testator) are called to inherit.
To receive the property claimed by a close relative of the deceased, it is necessary to attend an appointment with a notary. Moreover, the period for such a visit is 6 (six) months from the date of death. The heir must have with him his passport, death certificate and a copy thereof, documents of relationship with the deceased, as well as their copies, documents for the property that the heir wishes to inherit. The documents of kinship include a birth certificate, a marriage certificate or its dissolution, and others.
A notary fee is paid for filing an application for inheritance. The tariff is also paid if the notary needs to submit requests to various authorities.
If, for example, the deceased has a spouse and a daughter, then in the case of inheritance by law, they receive the inheritance equally. If there are no heirs of the first stage, then the heirs of the second stage are called to inherit. These include:
- full brothers of the testator;
- half-brothers of the testator;
- full sisters of the testator;
- half-sisters of the testator.
The heirs of the third priority include:
- the grandfather of the deceased;
- the grandmother of the deceased.
Moreover, the grandfather and grandmother of the deceased can be both from the father's side and from the mother's side.
The heirs of the fourth order are called to inherit in the absence of heirs of the first three orders. This:
- the uncle of the deceased;
- the aunt of the deceased.
Further, the heirs of subsequent queues are called to inheritance. The degrees of kinship are determined by the number of subsequent births, and the birth of the testator himself is not included in the number.
Cases of inheritance by law
If a person has not written a will, that is, has not identified the person to whom he wishes to transfer his property, then general rules come into force.
The successors of the subsequent queues inherit:
- in the absence of closer heirs;
- in case of rejection of the inheritance by closer heirs;
- in case of non-acceptance of inheritance, removal from acceptance of inheritance by closer relatives.
Obligatory share in inheritance
The law establishes that unprotected close relatives have the right to inherit, even if they are not indicated in the will.
These heirs have the right to inherit at least half of the estate of the testator, even if there is a will, drawn up not in their favor.
Minor children are the son or daughter of the deceased who has not reached the age of eighteen.
The disabled wife (husband) or mother (father) of the deceased are pensioners by age, as well as disabled people of I-III groups.
Inheritance by disabled dependents
Disabled dependents of the testator are called to inheritance, if at the time of opening the inheritance they were dependent on the deceased for at least one year. They inherit at least one quarter of the estate that is part of the inheritance.
Deprivation of an obligatory share of inheritance
The heirs may be completely deprived of the right to a compulsory share. These are the cases when the heirs are recognized as unworthy.
So, unworthy heirs are due to the willful deprivation of the life of the testator or an attempt on his life. Parents who have been deprived of parental rights in relation to their children and have not been reinstated in parental rights are also unworthy heirs.
Unworthy heirs are deprived of the right to a compulsory share in the inheritance, even if they are minors or disabled.
Our lawyers have been dealing with inheritance issues in the Republic of Belarus for more than 10 (ten) years. If you have questions related to inheritance in Belarus, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@inheritancelaw.by or by phone: +375293664477.
