Legal Encyclopedia. The letter H

Inheritance by law.

Heirs by law are encouraged to inherit in order of priority, provided the Civil Code.

GK provides eight queues heirs.

The heirs inherit each subsequent stage, if there are no heirs of the preceding categories.

The presence of at least one of the heirs of the previous turn eliminates calling to inheritance heirs subsequent turn.

Heirs of the first phase of the law are children, spouse and parents of the testator.

Heirs of the second stage - full and half brothers and sisters of the testator, his grandparents from both the father and mother's side. Half brothers and sisters called consanguine if descended from the same father, and uterine, if they have a common mother.

Heirs of the third stage - full and half brothers and sisters of the deceased parent (uncle and aunt of the testator), cousins ​​of the testator shall inherit by right of representation. Their descendants by right of representation can not inherit.

Heirs of the fourth stage

relatives are encouraged to inherit third degree relatives - grandparents and great-grandmothers of the testator.

Heirs of the fifth turn are urged relatives of the fourth degree of kinship - the children loved nephews and nieces of the testator (cousins, granddaughters and grandsons) and brothers and sisters of his grandparents.

Heirs of the sixth line are urged relatives of the fifth degree relatives - cousins ​​children grandchildren of the testator (cousins, great-grandchildren and great-grandchildren). His children are cousins ​​(cousin nephews and nieces) and the children of his cousins ​​and grandparents (uncles and aunts).

To inherit as heirs of the seventh stage of the law are encouraged stepsons, stepdaughter, stepfather and stepmother of the testator.

The right to a compulsory share of inheritance are minors or

disabled children of the testator, his spouse and parents of disabled and disabled dependents of the testator to be calling to inheritance. Mandatory share should be at least half the share that would be due to the heir at N. by law.

Preferential right heir under the will is valid only if the following legal facts:

1) the heir under the will of the testator at the estate enjoyed life for living or as an instrument of labor, the main source of livelihood;

2) According to a compulsory heir property is not used;

3) the financial situation of the compulsory heir allow without significant damage to reduce its stake or deny its transmission;

4) the financial situation of the heir under the will is such that the transfer of property used by them would deprive him of a source of livelihood or otherwise worsen the conditions of life.

If there are no heirs in law or by will, or none of the heirs has the right to inherit or all heirs excluded from inheritance, or none of the heirs did not accept the inheritance, or all the heirs refused inheritance, and none of they did not indicate that he refused in favor of another heir, the estate of the deceased is considered escheat and proceeds in the order of N. legally the property of the Russian Federation.