Everything you need to know about the new law of inheritance
MOSCOW, 23 Aug — RIA Novosti, Alexander Forest. As of September 1, come into force amendments to the Civil code of the Russian Federation that will change the order of inheritance of property of deceased relatives. Two other important innovations are planned for next summer.
Upstairs
How to change inheritance law — in the material RIA Novosti.
Hereditary Fund
In the updated version of the law featured the concept of “genetic Fund”. Now by the will of the testator may be established by a legal entity to manage the property of the deceased.
This should be reflected in the will. If desired, the testator complements the text of the document the Charter of the organization, the modalities of doing things, specifies the persons (not necessarily relatives), method of disposal income.
Of profits allowed payment of funds to any individuals or organizations. If the heirs from among the relatives do not want to burden themselves the management functions, but intend to participate in the distribution of income will need to specify a list of them and their fair share.
This including anti-offshore measure, before Russian businessmen transferred assets abroad, to establish such a Fund or trust. Now they can leave the business in Russia, exporting capital, retaining jobs, developing our economy.Paul Krasheninnikovia of the Duma Committee on state construction and legislation
The bylaws cannot be changed after the testator’s death, so his preparation should be treated with extreme responsibility.
This rule affects the timing of entry into the inheritance. The notary, who conducts the business of the testator, shall, within three days to register the Foundation as a legal entity, then control passes to the individuals identified in the will. So far this period has lasted for six months.
As a result, the recipients of the inheritance are insured from losses associated with, for example, loss of business, after six months with him anything can happen.Hereditary contract
Another rule in the hereditary legislation will come into force on June 1, 2019: at will, as the document defining the procedure of distribution of property of a deceased citizen, there will be an alternative in the form of succession agreement.
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To conclude it can be as private and legal entity. “The main difference of the agreement of wills is that the testator specifies certain conditions that must be performed by the recipient of the inheritance after the entry into force of, for example, to take care of Pets, organize the funeral, to erect a monument and to keep it in good condition and so on,” says lawyer Elena Ponomareva in an interview with RIA Novosti.
But if the heir does not fulfill his obligations, the contract is cancelled in court. To do this, the testator may specify in the document controlling person.
As the Foundation, inherited the agreement allows the successor to start right immediately after the death of the testator, not in six months.
To enter into an agreement with a minor, however, in this case, the consent of his parents or guardians. Document mandatory notarized and registered according to the rules, if inherited property is listed property.
This form of transfer of ownership does not negate the rights of minors, disabled and other relatives who are dependents, for compulsory share of inheritance.Elena Ponomarevka Till death do us part
Also from June 1 next year, the couple will receive the right to draw up a joint will (before that right was reserved only for residents of Crimea and Sevastopol). However, in this case, the period of inheritance, and now, six months after the death of the testator.
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There is a fundamental difference is that the legal spouse can include in General a will not only jointly acquired property, but personal property of each. The document also allows to determine the share due each heir.
But there are some conditions that couples must be married and be viable.