By inheritance should be understood the transfer of all property, and in some cases non-property rights and obligations from the deceased person to his heirs. The transfer of rights takes place simultaneously and as a whole, which in legal terminology is called universal succession.
In accordance with the Civil Code of the Republic of Belarus, the right to inherit is guaranteed.
At the same time, the legislation contains a list of grounds when a person may be deprived of such a right.
Thus, a person may be deprived of the right to inherit if recognized as an unworthy heir.
A person who intentionally took the life of the testator or committed an attempt on his life shall be deprived of the right to inherit.
It should be noted that the unlawful action of the heir must be intentional, and not accidental. Also, the wrongfulness of the action must be confirmed by a court verdict.
An exception should include the inclusion of the heir in the will by the testator after he committed the attempt. Such an heir will receive a bequest.
Persons who deliberately prevent the testator from expressing his last will or by deliberate actions unlawfully contribute to the inclusion of them (or their close relatives) in the list of heirs or an increase in the share in the inheritance are removed from inheritance.
Such persons shall be excluded from inheritance both by law and by will.
Parents deprived of parental rights and not having restored them to the moment of calling to inheritance after the death of children are excluded from inheritance. This rule applies to inheritance by law. In accordance with the Code of the Republic of Belarus on marriage and the family, parents can be deprived of parental rights if they:
evade the upbringing and maintenance of the child;
child abuse;
lead an immoral lifestyle;
abandoned the child.
Only the court can deprive parents of their rights and restore them. The basis for the removal of these persons from inheritance is confirmed by a court decision on the deprivation of parental rights that has entered into legal force.
When the parents restored their rights before the opening of the inheritance, as evidenced by the relevant court decision, they can be restored to the right of inheritance.
And, finally, during inheritance by law, citizens are deprived of the right to inherit, maliciously evading the fulfillment of their obligations to maintain the testator. The malicious nature of the actions of such a person must also be confirmed in court. Moreover, if the testator indicates such an heir in his will, he will inherit the property.
This list is exhaustive, no other circumstances can serve as grounds for deprivation of the right to inheritance.
It should be borne in mind that all of the above actions are grounds for the removal of unworthy heirs from the inheritance, only if they are intentional.
An heir may be deprived of the right to inherit only by a court. A claim for the deprivation of the right of inheritance is presented by a person for whom such removal is connected with property consequences during inheritance. These include persons interested in calling for inheritance or in increasing the share of the inheritance, the consignee or a person whose rights and legitimate interests may change during the transfer of inheritance property.
The statement of claim for deprivation of the right of inheritance should be filed with the court at the place of residence of the defendant. In the statement of claim, the plaintiff must confirm that he is the person having the right to present such a statement, as well as indicate the grounds on which the defendant should be deemed unworthy and deprived of inheritance. A copy of this statement is attached to the statement of claim, for sending to the defendant, as well as information about the payment of state duty. The size of the state duty is determined by law according to the rules provided for claims for non-property disputes.
When considering such cases, the courts are guided by admissible evidence. All facts of intentional illegal actions of the heirs must be confirmed by the verdicts and court decisions that have entered into legal force. As for the creation of deliberate obstacles to the implementation of the last will of the testator, the deliberate unlawful promotion of an increase in the share of the inheritance, any evidence can be used to confirm them.
The court has the right to remove from the inheritance and descendants of the deceased until the opening of the inheritance of the heir, that is, heirs by right of representation, if the deceased could be removed from inheritance on the grounds indicated above. Such removal is possible if the court considers that their calling for inheritance is contrary to the foundations of morality. This conclusion in the court decision must be motivated.
The issue of deprivation of the right of inheritance can be considered both before the receipt by the unworthy heir of the property, and after its receipt. If the property has already been transferred to the heir, and after that by the decision of the court such heir was found unworthy, then he is obliged to return the property received in kind, and if it is impossible, to compensate for this property in cash.
The court decision on the refusal of the claim for the removal of the unworthy heir from inheritance is not an obstacle to filing a claim for the recognition of the will invalid.
When considering the issue of deprivation of the right of inheritance guaranteed by law, the courts comprehensively examine all the materials of the case, critically evaluate the testimonies of the witnesses, since in cases of this kind, as a rule, they have family ties and are guided only by admissible evidence.
Our Law Office has been dealing with issues of inheritance law in Belarus for a rather long time. Our attorneys and advocates will advise you on any questions of the law of succession, as well as represent your interests in the courts.
