3 Examples Where First-Priority Heirs Can Lose Their Inheritance
Inheritance cases are complex, which is why notaries handle them. However, the support of a qualified notary may not always protect you from losing your inherited property.
In some cases, it's worth enlisting the help of a lawyer or attorney, as they can advise you on how to protect your rights. Their main advantage is their ongoing analysis of case law. This allows one to assess the prospects of a particular case.
The testator's cohabitant took part of the apartment from a first-order heir.
If the testator has dependents, i.e., individuals who have lived permanently with the testator and have been fully supported by him for the past several years, they may receive a share of the inheritance.
By law, they inherit an equal share with the next-order heir. Even if they make a will, they cannot be completely disinherited, as they will receive at least half of what they would have been entitled to if they had inherited according to the law.
The most difficult part is proving dependency. If you're looking for an example of a successful inheritance claim by a dependent, you should read Ruling No. 73-KG19-3 of the Civil Division of the Supreme Court of the Russian Federation dated April 23, 2019.
An unworthy heir can be disinherited even if they have accepted the inheritance and registered their rights to the property.
If a first-order heir has received an inheritance, this is not grounds for renouncing their claim to the inheritance. Not all inheritance disputes are successful, but under certain circumstances, the dispute may be resolved unfavorably.
In this case, it won't matter whether the interested party submitted an application to the notary to accept the inheritance. What's more important is whether it can be proven in court that the person receiving the inheritance is an unworthy heir.
If you truly want to challenge someone's right to an inheritance, I recommend you familiarize yourself with Ruling No. 18-KG19-111 of the Supreme Court of the Russian Federation dated October 22, 2019.
If you conceal other heirs from the notary, no liability will arise.
A poor relationship with the testator is not a reason to miss the deadline for accepting an inheritance. A first-order heir can easily lose their inheritance rights if they are unaware that the testator has died.
Other heirs are not required to inform the notary of other heirs of the same or an earlier order. They will also not be held liable for deception.
The daughter attempted to reinstate the missed deadline for accepting the inheritance; the testator's sister inherited the apartment. The court ruled that there were no valid reasons to reinstate the missed deadline. For more information on this case, see Ruling No. 5-KG 18-268 of the Supreme Court of the Russian Federation dated January 22, 2019.
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