Legal encyclopedia. The letter O

THE ORDER OF INHERITANCE.

AT

Priority order is given to heirs by law.

The aim of ON is to protect the rights and legitimate interests of the heirs.

O.N. is provided for in Art. 1142-1145 and 1148 Civil Code and is established depending on the degree of relationship of the heirs with the deceased. The degree of kinship is determined by the number of births separating the heirs and the testator, and the birth of the testator in determining the degree of kinship is not considered.

There is a straight line (ascending, descending) and a side line of kinship.

The Civil Code of the Russian Federation provides for eight successive heirs.

Heirs of the next turn inherit, if there are no heirs of the preceding queues.

The heirs of the first stage under the law are children, spouse and parents of the testator. The heirs of the testator and their descendants inherit by right of representation. Parents called to

Inheritance, should not be deprived of parental rights with respect to the testator.

The second stage includes the full-blooded and incomplete siblings of the deceased, his grandfather and grandmother both on the part of the father and mother, as well as the children of full-time and half-brother siblings of the testator (ie, his nephews and nieces) .

The heirs of the third turn are legally and inferior brothers and sisters of the parents of the testator (his uncles and aunts). The cousins ​​of the deceased inherit by right of representation.

If there are no heirs of the first, second and third queues, the right to inherit by law is obtained by the relatives of the testator of the third, fourth and fifth degrees of kinship, not related to the heirs of the preceding queues.

The heirs of the fourth stage are the great-grandparents of the testator (relatives of the third degree of kinship).

The fifth stage includes relatives of the fourth degree of kinship - children of native nephews and nieces of the testator (cousins ​​and granddaughters) and siblings and

Sisters of his grandfathers and grandmothers (cousins ​​grandparents).

The heirs of the sixth stage are relatives of the fifth degree of kinship - the children of the grandchildren and granddaughters of the testator (great-great-grandchildren and great-granddaughters), the children of his cousins ​​(cousins ​​nephews and nieces) and the children of his cousins ​​and uncles (uncles and aunts).

If there are no heirs of the preceding queues, successors are called to the heirs of the seventh stage, which include stepchildren, stepdaughters, stepfather and stepmother of the testator.

The eighth (floating) queue includes disabled persons who were at least one year of the testator's dependency before his death. When inheriting this queue, the sign of kinship or property is not determinative. In the presence of other heirs, the persons of the eighth line inherit on a par with the heirs of that queue, which is called for inheritance.

To assign a person to the number of heirs of the floating queue, the following conditions are necessary:

1) the person must be disabled by the day of opening the inheritance;

2) the person must be dependent on the deceased not less than one year before the opening of the inheritance;

3) the assistance rendered to the dead disabled person was the main and constant source of means of subsistence.

Citizens who are legally legally incapacitated by the day of opening the inheritance, but not included in the circle of heirs of the line that is called for inheritance, inherit by law together with the heirs of this line, if at least a year before the death of the testator were dependent, regardless of whether , They lived together with the testator or not.

Only heirs of the first, second and third queues can be heirs by right of representation. The descendants of the heir do not inherit by right of representation according to the law, deprived of the inheritance by the testator, and also the descendants of the heir who died before the opening of the inheritance or simultaneously with the testator and who was recognized as an unworthy heir.