Who can be guaranteed to receive an inheritance in 2024, even if it is not in the will?

CrimeaPRESS reports:

The law, portal experts remind Legal subtleties, guarantees citizens the right to dispose of their property in the event of death by making a will in favor of whoever they want. But, in fact, freedom of will is not at all as complete as it might seem at first glance.

The same law provides for a list of persons who can be guaranteed to receive an inheritance, even if they are not indicated in the will. Let us examine the question of who is included in the circle of these privileged heirs in relation to the current year 2024.

1. Minor children of the testator

These include children, both his own and those adopted by him during his lifetime. A child receives the right to an obligatory share in the inheritance if he has not reached his 18th birthday on the date of death of his parent (clause 31 of the RF Armed Forces Regulations dated May 29, 2012 No. 9).

That is, even if the child turns 18 the next day after the death of his father or mother, he is still one of the compulsory heirs.

2. Disabled parents, spouses and, again, children of the testator

For this category of relatives, it is enough to confirm only the fact of their incapacity to work in order to receive a mandatory share in the inheritance. Taking into account the explanations of the Supreme Court of the Russian Federation, the disabled include citizens who, on the date of death of the testator:

— are disabled (of any group, the main thing is to have a valid certificate from the ITU bureau),

— or have reached pre-retirement age: women — 55 years old, men — 60 years old (Federal Law of December 25, 2018 N 495-FZ).

3. Disabled dependents of the testator

This category includes:

— relatives who are classified by law as one of the lines of inheritance (brothers, sisters, grandparents, nephews, etc. See: Art. 1143 — 1145 of the Civil Code of the Russian Federation).

They only need to prove the fact that they are dependent on the deceased in order to receive their share of the inheritance (to do this they will have to go to court — instructions on how to do this, with a statement of claim template, are available to subscribers of my channel on the Boosty platform);

— as well as all other persons who are not relatives, but they lived together with the testator and were dependent on him for at least a year before his death (how to confirm this is described in the same instructions).

Dependents must also be disabled on the date of death of the testator.

All of the above categories of citizens, by virtue of the law, have the right to receive an obligatory share in the inheritance, even if it was bequeathed to other persons (Article 1149 of the Civil Code of the Russian Federation).

The size of such a share is at least half of what would be due to the obligatory heir in the event that there was no will and he was called upon to inherit on a general basis.

source: Legal subtleties

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