What is the basis for inheritance?

The grounds for inheritance are: the law (hereditary succession) or the last will of the testator, clearly expressed in the will (testamentary succession) or in the inheritance contract (inheritance by the deed of succession).

The right of inheritance by the deed of succession prevails over testamentary succession, and they both prevail over the hereditary succession.

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.