CrimeaPRESS reports:
According to the portal’s specialists, the rules for receiving an inheritance Legal subtletiesthere are a lot of various nuances that are contained not only in the Civil Code of the Russian Federation: it is necessary to take into account individual laws, and by-laws, and the practice that is formed by the Supreme Court of the Russian Federation.
With this in mind, I will present to your attention several changes that have occurred in the rules of inheritance recently.
1. Notaries will publish a notice on the Federal Resources website when inheriting land plots
The new law, which came into force on October 1, 2023 (No. 338-FZ dated July 24, 2023), provides for a special procedure for issuing a certificate of inheritance rights if its subject is a land plot provided to a citizen before October 30, 2001 on right:
- permanent (unlimited) use,
- or lifelong inheritable ownership.
The notary is now required to publish a message on the Unified Federal Register of Legally Significant Information on the Facts of the Activities of Legal Entities, Individual Entrepreneurs and Other Economic Entities (EFRSFYUL) about the intention to issue a certificate of inheritance rights for such a land plot.
After this, a 30-day period is counted during which state authorities and local governments can send their notifications to the notary about the impossibility of finding such a plot of land in private property in accordance with the law.
If notifications are not received within the specified period, the notary issues a certificate of the right to inherit the land plot.
2. A citizen can restore the period for accepting an inheritance if he did not know about the existence of a will in his favor
The Supreme Court of the Russian Federation softened its position on the issue of restoring the missed deadline for accepting an inheritance.
Now an heir who was indicated in the will, but did not know about it (and therefore did not contact the notary in time), can restore the term in court if it is confirmed that he was not connected by any family or friendly ties with the testator — and therefore, he could not know that he was his heir.
In particular, the court restored the deadline for accepting an inheritance for a woman to whom her ex-husband bequeathed an apartment (determination of the RF Armed Forces No. 5-KG23-12-K2).
Subscribers of my channel on the Boosty platform have access to instructions on how to restore the deadline for accepting an inheritance in court (with a claim template).
3. An agreement on the division of inheritance can be drawn up without a notary
The law allows for the division of inherited property that has passed to the heirs in shares (on the basis of the right of common shared ownership) by concluding an agreement among themselves. The question of whether it is necessary to have such an agreement certified by a notary has remained controversial for a long time.
Now the Federal Chamber of Notaries has voiced its position: in its opinion, an agreement on the division of inherited property does not require a mandatory notarial form, provided that it does not change the composition of the owners of the inherited property.
Therefore, the heirs can enter into an agreement in simple written form — it will be legally valid (FNP Letter dated January 23, 2023 No. 366/06-06).
source: Legal subtleties
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