Reasons for missing the deadline for accepting the inheritance
The term for accepting an inheritance in Belarus is 6 (six) months from the date of opening the inheritance, i.e. from the date of death of the testator. During this period, it is necessary to apply to a notary office or a notary office with an application for the entry into inheritance rights. If, for some reason, the heir did not apply to the notary in due time, he is considered to have missed the deadline for accepting the inheritance.
An exception is made by persons who were registered (registered) with the testator at the place of residence on the day of death. Such heirs are considered to have actually accepted the inheritance, and the six-month period does not apply to them. To confirm the actual residence with the deceased, it is necessary to provide the notary with a copy of the personal account from the clearing and reference center about those registered in the dwelling.
The term for accepting the inheritance may be missed for valid reasons. In this case, it must be restored. The court may recognize the reasons for missing the deadline as valid. As a rule, valid reasons include those circumstances that served as an objective obstacle to the acceptance of the inheritance in a timely manner. This is, in particular, a situation when the heir did not know and should not have known about the opening of the inheritance. In addition, the reasons may be as follows:
– serious illness;
– helpless state.
If a person, for example, underwent an operation and was in the hospital for six months, and therefore could not contact a notary, then the reason will be recognized as valid. A common illness that lasts for a short time will not be an excuse for missing the deadline.
Legislation also considers the young age of the heir (up to 14 years old) to be valid reasons, if his parents (or other legal representatives) did not take measures to protect his property interests by accepting an inheritance in his favor.
Absence in the country for a long time due to objective circumstances can also be recognized as a good reason. For example, a person lived abroad, where he was caring for a sick relative and was not able to come to the state where the inheritance was opened. Ignorance of the fact of the death of the testator led to the fact that the heir did not send a letter of acceptance of the inheritance.
Application for the restoration of the term for accepting an inheritance
In such a statement, the person who applied to the court indicates:
– surname, name, patronymic of the testator;
– date of death;
– the degree of relationship with the deceased;
– the reasons why the deadline was missed;
– the actual demand for the restoration of the term.
As proof of the validity of the reasons for missing the deadline, the applicant may attach a certificate from a medical institution about a serious health condition to the application.
Statement of Claim for the Restoration of the Terms for Acceptance of the Inheritance
Such an application is submitted by the interested person to the court at the place of opening of the inheritance.
The court considers the application in the course of action, examining all the materials of the case, including documents confirming a serious illness or helpless condition of the alleged heir.
The court will hear the parties to the case, who provide explanations, and make a decision.
The decision of the court on the restoration of the terms of acceptance of the inheritance
The court can make either a positive or a negative decision. With a positive decision of the court, you must contact a notary to issue a certificate of the right to inheritance.
The court may also decide to recognize the heir as having accepted the inheritance. Such a decision is made when it is established that the person has actually entered into inheritance rights and is using the property. Thus, actual ownership of property can take place if the heir:
– took measures to protect property and protect it from third parties;
– paid the expenses for the maintenance of the property.
A court decision on recognizing a person as having accepted the inheritance is the basis for registering inheritance rights to real estate in the RUE “Minsk City Agency for State Registration and Land Cadastre” (for real estate located in the city of Minsk).
Moreover, it is necessary to apply to the registering authority immediately after the entry into force of the court’s decision on recognition as having accepted the inheritance; an appeal to a notary is no longer required.
It should be borne in mind that for the court to make a positive decision, at least 6 (six) months must pass from the moment the valid reasons cease to exist.
Thus, if, for example, a person recovers from a serious illness, which served as an obstacle to accepting an inheritance, he must file a claim with the court within six months. If this deadline is missed, the court will most likely not satisfy the claim.
Our lawyers and advocates have been dealing with inheritance issues in the Republic of Belarus for more than 10 (ten) years. If you have questions related to inheritance in Belarus, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@inheritancelaw.by or by phone: +375293664477.
