Who cannot be the heir?

Persons who are considered unable to inherit:

• intentionally and unlawfully caused the death of the testator or tried to do so
• intentionally and unlawfully put the testator in a situation when he was deprived of the opportunity to express or change his last will until his death
• by coercion or deception, they prevented the testator from expressing or changing his last will, or in the same way forced him to express or cancel his last will, if the testator was not able to express his actual last will
• intentionally and unlawfully removed or destroyed the will or deed of succession, if the testator was no longer able to renew it
• forged the testator’s will or deed of succession or part thereof

A parent of the child cannot be the heir-at-law after the child, if this parent was deprived of the rights to activity of guardianship by court.

If the heir is unable to inherit, another person is called on to inherit, specifically the one who would inherit in case of death of a person unable to inherit before the opening of the inheritance.

In case of a dispute, the court may, at the claim of the person concerned, declare the person incapable to inherit.

Who can be the heir?

The ability to inherit is the ability of a person to inherit. A person having ability to inherit is any person with legal capacity.

A heir may be a private person who is alive at the time of the testator’s death, or a legal entity existing at that time. A liveborn child born after the opening of the inheritance is considered to have the ability to inherit at the time of the opening of the inheritance if this child was conceived before the opening of the inheritance.

A fund, established on the basis of a will or a deed of succession, is considered to exist at the time of the opening of the inheritance, if later this fund will acquire the rights of a legal entity.

The opening of the inheritance and devolution of the inheritance to the heir

The inheritance is opened in the case of the death of a person. The time of the inheritance opening is the day of the testator’s death. The place of the inheritance opening is the last place of the testator’s residence.

At the opening of the inheritance, the inheritance passes to the heir. The heir may renounce the inheritance in the manner and within the terms established by the Inheritance Law.