Notaries of Sevastopol on disinheritance, child-rearing agreement and benefits for refugees

CrimeaPRESS reports:

Olga Kalenkovich, President of the Sevastopol Chamber of Notaries, and Maxim Yurchenko, Vice-President of the Chamber, answered the questions of the listeners of the Legal Environment program on KP-Sevastopol radio.

Only the court has the right to disinherit

In one of the broadcasts, you said that there are heirs who are entitled to a mandatory share of the inheritance, for example, a spouse or a child. Is it possible to deprive them of the mandatory share, or at least somehow reduce it?

— The size of the mandatory share cannot be limited or reduced unilaterally, by default or at the will of the testator. It is guaranteed to the heirs by law. But if, after the opening of the inheritance, one of the heirs is recognized as unworthy, then on the basis of a court decision or sentence, he may be deprived of the inheritance. An unworthy heir is recognized after the death of the testator, and when drawing up a will, he is not. Therefore, the testator cannot indicate in the will that it limits or reduces the share required by law.

I own an apartment. I want to bequeath it to a charitable organization. Is it possible? Will it not turn out later that this apartment was returned to one of the relatives? If this is possible, what should be done, what documents should be brought to the notary? Do I need to inform this charitable organization of my decision?

— The heir can be both an individual and a legal entity. There are no restrictions on making a will. The package of documents is always the same. It is enough to name the address of the apartment, and it is not necessary to confirm the ownership of it. You can make a will at any time, but keep in mind that the organization itself will have to declare its right to inherit. So, in accordance with civil law, the notary does not look for heirs. If this organization does not submit an application for acceptance of the inheritance within six months from the date of the death of the testator, then they will miss the deadline. Other legal heirs will inherit your apartment. But they will also have to submit applications for the implementation of the right to inheritance. You do not have to tell your heirs that you have made a will. Moreover, you can still change your mind about who to leave the apartment to — this charitable organization or another. And only the last will, valid at the time of your death, will be executed.

Is it possible to inherit the medals and orders of my great-grandfather, who fought during the Great Patriotic War?

— If we are talking about state awards, then they are not included in the composition of the hereditary mass. If these are some kind of commemorative signs or medals, then if you have documents confirming that they belong to your great-grandfather, you can get them. But keep in mind: grandchildren inherit property only in the order of presentation — instead of previously deceased parents. And since we are talking about great-grandfather, it is hard to imagine that for so many years the right to these things has not been formalized. In any case, you can contact a notary and find out everything specifically for your situation.

The contract of donation of money and consent to registration is not necessary to certify

I want to buy an apartment for my son and his family with my own money. He is a civil servant and is worried that later he will not be able to prove the origin of income for the purchase of an apartment, therefore he proposes to draw up a donation agreement with a notary. Which notary can draw up such an agreement and is it possible at all?

— A donation agreement can be drawn up at any notary. Although it does not require a mandatory notarial form, but at the request and consent of the parties, it can be notarized. But in your situation, a donation agreement will not help solve the problem, because the money is not endowed with any generic characteristics, and it will not be possible to say that this money was used to buy an apartment. Therefore, the best option is this: you buy an apartment, and then transfer it to your son under a donation agreement. This will be the property that your son will receive free of charge, and in this case you will not need to confirm the source of income.

We want to temporarily register refugees from Donbass in our apartment. All owners are required to agree. Can you tell me, please, whether it is necessary to notarize it or is a simple written form sufficient?

— If all the co-owners apply to the department of the Ministry of Internal Affairs on the street. Parshina, 29 and personally sign their consent, then you can not go to the notary. If it is inconvenient for them or they have no time to go, then they can apply to any notary, certify their signature on the application and submit this document for registration of refugees. I would like to note that until April 5, the notaries of the city of Sevastopol have extended the privilege for the translation of documents of citizens who urgently left the territory of the LPR, DPR, Zaporozhye and Kherson regions. So refugees still have the opportunity to receive document translation services without legal and technical fees.

Children are not property, they cannot be divided

We cannot “share” children with our wife. Is there any notarized agreement on the upbringing of children?

— Children are not things, and according to the law, it is impossible to divide them. But parents in a special agreement can determine the place of residence of the child, can stipulate the rights and obligations of the second parent in raising a minor. This is provided that there is agreement between the parents. If they cannot agree, then they go to court, and the court decides all these issues, taking into account the social status, financial situation, and the nature of the work of both parents. Pay attention to the attachment of the child, because when making a decision, his rights should be a priority. But keep in mind that the judicial process can be complicated. The court may appoint forensic psychological examinations, the guardianship authorities will talk with the child. That is, it is a long process, it is always easier to agree. Moreover, any little things can be agreed upon, including the schedule of visiting grandparents, vacations, the country of education of the child, the parent who will pay for these expenses — anything can be provided for in such an agreement. And if then one of the parties does not fulfill its obligations, you can go to court.

I’m going to go on holiday with my baby. Do I need a notarized power of attorney if my husband and I are divorced?

— If you travel outside the Russian Federation, the child’s father must agree to the trip. This is a mandatory document, regardless of whether the parents are divorced or married. Only if there is a dash in the certificate in the column “father”, then no additional documents will be required to cross the border. In other cases, the father, before the child reaches the age of 18, applies to any notary and draws up consent to leave: for multiple trips or for a specific trip for a certain period of time. Usually in foreign countries they require consent to a specific trip at a certain time. The notary will need to present the father’s passport and the child’s birth certificate — the original or a notarized copy. Mat does not come to the notary, her documents are not needed for obtaining consent, it is enough to know their data.

source: Komsomolskaya Pravda newspaper. Sevastopol» (authors — Tatiana SAUSHKINA, Alyona MOTROI)