Obligatory share in inheritance
In families there are various relationships, quarrels,squabbles, misunderstandings that can always be hidden and concealed from prying eyes, but the whole essence of the relationship in the family begins to manifest itself in the distribution of inheritance.
Everyone who ownsproperty, he can bequeath to any person, depending on his desire. However, the legislator has determined a certain number of persons who are entitled to an obligatory share in the inheritance, regardless of the last will of the deceased, indicated in the will.
What is an obligatory share in the inheritance under the will and to whom it is laid?
This is a kind of restriction on the order of allIts property, aimed at protecting a certain category of citizens. In accordance with the Civil Code of the Russian Federation, the following persons have the right to an obligatory share: disabled children of a deceased citizen, disabled parents or spouses, as well as disabled citizens who were dependent on the deceased. According to the law, in the presence of such heirs, they are entitled to a share in the inheritance equal to half of the share that they could receive in the absence of a will. The statute on the mandatory share is not a direct indication of its receipt, it is possible to refuse such a share if desired. There is only one restriction: from such a share one can not refuse to somebody's benefit, a refusal only implies an increase in the hereditary share of the heir by will.
Initially, an obligatory share in the inheritance mustbe satisfied from the property of the survivor not bequeath, even if such satisfaction leads to a significant reduction in the proportion of the remaining heirs by law. If there are not enough bequests to satisfy the share, the remaining part is satisfied at the expense of the bequests.
For the calculation of the obligatory share, all available property is summed up, both bequeathed and not bequeathed, and the total number of heirs on all grounds.
For example: As a property inherited property is considered a summer residence and an apartment, from the heirs there are two sons and a disabled spouse of the deceased. The apartment is bequeathed to the eldest son. The mandatory share in the inheritance of the spouse is 1/6 of the total property. The hereditary property will be distributed as follows: 1/6 the share of the dacha will be inherited by the wife of the deceased, as an obligatory share, the apartment will completely retire to the elder son according to the will.
Between the heirs can be drawn up an agreement on the valuation of all property, including all household items, which greatly facilitates the calculation of the mandatory share.
For example: in the capacity of inherited property, cash of $ 2,000 and an apartment of $ 40,000 are considered, of the heirs there are two sons and a disabled spouse of the deceased. The apartment is bequeathed to the eldest son. The mandatory share in the legacy of the mother is 1/6 of the total property, which is 7,000 US dollars. The estate will be distributed as follows: the money will be completely inherited by the wife of the deceased, the apartment will be inherited between the oldest son and mother in the following shares: 1/8 the share of the apartment will go to the wife of the deceased as a mandatory share, 7/8 to the elder son by will. The younger son will not inherit at all.
An obligatory share in the inheritance may beis limited only in the judicial order and only in an exceptional situation. You can apply for judicial assistance if the only place of residence (house, cottage, apartment, etc.) or the source of livelihood (tools, workshop, agricultural plot) that was not used by the obligatory share as the property that served to satisfy the obligatory share, heir. In such a case, the court may decide to reduce this share or refuse to award it.