The process of entering into inheritance rights through the court can be carried out if there is a need to resolve various issues that are related to an inadequate package of documentation, an unregistered right of ownership, or after six months have elapsed from the moment the inheritance was announced and no decisions were made on this matter. The characteristics of claims may vary, as well as the procedures carried out in court.
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Basis for registration of inheritance through court
What circumstances when receiving an inheritance most often make going to court inevitable? Mainly the following:
- The heirs (or heir) actually entered into an inheritance, but did not formalize it before the expiration of the legal period, and now want to legally confirm their rights to the inherited property
- Heirs cannot peacefully divide inherited property among themselves
- There are grounds for recognizing some heirs as unworthy
- The deadline for entering into an inheritance was missed for a good reason, and the current heir seeks to “return the departed train”
- The terms of the will are disputed, or the will itself turns out to be invalid
- An heir who has the right to receive an inheritance by law has difficulty proving this right (for example, he does not have documents confirming his family relationship)
- It turned out that the property rights of the testator were not registered at the time of his death
This, of course, is not an exhaustive list of reasons for going to court on inheritance issues. In practice, there are as many families as there are so many problems. But, nevertheless, the above cases are common enough to be considered typical. Therefore, we will dwell on them in more detail.
Features of recognition as an heir by law
The procedure for recognition as an heir involves not only the transfer of inherited property to a given person, but also the transfer of all existing obligations and encumbrances. The moment of entering into inheritance is to contact a notary to obtain the appropriate certificate.
Judicial recognition is resorted to if the heir lives in an apartment or house and actually disposes of real estate without notarization. According to the law, persons who were conceived during the lifetime of the testator, but born after his death, can claim inheritance in court.
In this situation, the rights of such an heir are defended by the guardian. Recognition through court is possible in the following situations:
- Inheritance deadlines have been missed;
- The property is accepted by the heir in fact;
- Confirmation of family ties is required;
- Property is divided during inheritance;
- It is necessary to confirm the right to real estate;
- Facts of property fraud were discovered.
Drawing up a claim for recognition as an heir by law is resorted to in controversial situations when applicants cannot resolve the conflict situation by peaceful means. Depending on the current situation, the procedure for filing an application and conducting a case in court may vary.
Call our lawyer. He will carefully study the inheritance case, determine the legality of the application, and help prepare the relevant documents for the trial.
Actual acceptance of inheritance
In principle, this method of entering into inheritance rights is as legal as the standard submission of a statement of readiness to enter into an inheritance to a notary and the following steps: collecting documents, paying a fee and obtaining a state certificate of inheritance. The heir actually assumes the rights and obligations associated with the inherited property. That is:
- Pays the debt obligations of the testator
- Accepts payments from his debtors
- Manages and uses inherited property
- Ensures its safety
- Pays for his maintenance
ATTENTION! It is necessary to enter into inheritance rights in fact within the same period that is allotted for notarization of inheritance rights - 6 months from the date of death of the testator.
But the actual entry into an inheritance does not negate the need to legally formalize it. This is done through the court. The statement of claim must be accompanied by documents confirming the actual ownership and use of the inherited property. These are:
- Paid utility bills
- Receipts for receipt or payment of debt amounts
- Receipts for the purchase of car parts or materials for home or apartment repairs
- Contracts with repair workers
- Certificates from the housing authority about living in inherited living space
- And any other receipts, checks, agreements, receipts and certificates confirming that the heir fulfills all obligations and enjoys all the rights of the legal owner of the property.
ATTENTION! It is important to competently draw up a statement of claim and present as much evidence as possible. In this case, the judicial procedure will become a simple formality that does not require much hassle. A sample statement of claim can be found on the Internet or seek initial legal advice. On the Prav.io portal, a lawyer will help you draw up a claim.
But if there are other heirs of this line who are dissatisfied with the actual entry of one of the heirs into possession of a certain share of the inheritance, they can challenge the court decision. For example, demand a reduction in the share of the actual heir or his removal from inheritance altogether. In this case, you may need more serious legal assistance from an experienced lawyer who will help protect your rights in court. This is already a paid service, but it is sometimes almost impossible to win without legal support.
Features that are important to know when applying to a judicial authority
If the property was acquired by the testator unofficially, or he did not have time to register it, it will be possible to prove ownership only through the court, and even then not always.
A significant point concerns the filing of a claim. Remember that any inaccuracy in it may cause the court to refuse to accept the application for proceedings. In this case, entering into inheritance through the court will be postponed, especially if the applicant cannot competently explain his requirements.
Difficulties may arise when appealing a court decision. Filing an appeal involves complying with the requirements of the court, providing a stronger evidence base on the issue. The only right decision will be to contact a human rights defender who will take care of the interests of the principal.
Sometimes it is impossible to enter into inheritance rights with the help of a notary. Then applicants have to look for other ways to restore their rights.
The only option available to them is to register the inheritance through the court. Let's find out what difficulties future heirs may encounter and how to act in order to receive the values due by law.
- Notarized entry into inheritance
- When is an inheritance formalized through the court?
- Which court to file a claim in?
- Recognition or award
- What documents are needed
Dispute between heirs
The inheritance is either divided into equal shares between heirs of the same order (if there is no will), or distributed according to the will. Quite often, this state of affairs does not suit relatives, who may feel that they were treated unfairly. They have the right to go to court and prove the validity of their claims.
When dividing the inheritance according to the law, the court can take into account not only the rights of representatives of a certain line (family ties), but also other circumstances. For example, living in the same territory with the testator, joint farming with him, the degree of assistance provided (if we are talking about an elderly testator). And, of course, the presence or absence of illegal actions against the testator or testator.
When inheriting under a will, the court provides shares to those categories of heirs who have the right to a part of the inheritance, even if they are not mentioned in the will. Specifically, minors and/or disabled heirs of the first stage. Elderly parents, small children, and a disabled spouse have the right to a mandatory share of the inheritance. It is less than they would have received in the absence of a will, but still, it is impossible to completely “disinherit” such relatives, regardless of the will of the testator.
Options
Inheritance of property assets of a deceased citizen occurs in two possible options:
- by will ( Chapter 62 of the Civil Code of the Russian Federation );
- and by law ( Chapter 63 of the Civil Code of the Russian Federation ).
At the same time, the procedure for confirming the rights of potential heirs and the description of the inheritance procedure equally applies to both of these options.
In law
The key principle for the distribution of property assets during inheritance by law is the rule of priority ( Article 141 of the Civil Code of the Russian Federation ).
To enter into inheritance rights, according to the law, citizens need to confirm the presence of family ties with the deceased person, and the degree of relationship will have a direct bearing on placement in one of the possible queues of heirs.
The division of inherited property by law is characterized by the following nuances:
- during the life of the heir, the will to transfer certain types of property to specific categories of subjects is not expressed, as happens when drawing up testamentary documents;
- application of the priority principle implies legal priority of inheritance for close relatives ( for example , the first priority in Article 1142 of the Civil Code of the Russian Federation includes children, parents and the spouse of a deceased person);
- the acquisition of rights to property by heirs of lower orders depends on the exercise of their rights by heirs of higher orders, or their absence.
After the six months provided for filing an application for acceptance of the inheritance, the notary creates a list of heirs among whom the property assets of the deceased owner will be distributed.
If the application is submitted at least one day later than the deadline, the documents will be refused.
After the completion of the inheritance case, each heir is issued a certificate form confirming the rights to certain types of property or part thereof.
For certain categories of property assets, it is necessary to carry out additional procedures in order to formalize ownership ( for example , when inheriting real estate, it is necessary to carry out registration actions at the Rosreestr office according to the rules of Federal Law No. 218-FZ ).
By will
When drawing up a testamentary document, the owner of the property, during his lifetime, determines the persons who will receive the right to register the assets as their property.
The number of heirs may include not only relatives, but also strangers whom the testator indicates in the text of the will.
Also, inheritance under a will can be received by a legal entity if at the time of the citizen’s death the enterprise has not ceased to exist.
Article 1119 of the Civil Code of the Russian Federation defines the freedom of expression of the testator when drawing up the terms of a will.
Restrictions can only be established by law ( for example , the right to receive a compulsory share is regulated by Article 1149 of the Civil Code of the Russian Federation ).
Unworthy heirs
If one of the heirs of the queue, in the opinion of its other representatives, gives reason to consider him unworthy of receiving the inheritance, they can go to court to prove his unworthy behavior.
Unworthy behavior of an heir means:
- Actions aimed at hastening the death of the testator or other heirs
- Actions aimed at increasing one’s share to the detriment of the shares of the remaining heirs of the current order, or of the persons specified in the will
- Malicious and deliberate concealment of the facts of the existence of certain objects of inheritance or the existence of other legal heirs
- Obstruction of the execution of the will of the testator as recorded in the will (for example, concealment or forgery of the will)
- Failure to fulfill obligations to the testator during his life (for example, deprivation of parental rights to a child, evasion of paying him alimony, refusal to support elderly disabled parents)
If one or more of the above facts occurred, this may serve as a legal basis for filing a claim to declare the heir unworthy and exclude him from dividing the inheritance. The statement of claim is written according to the general rules for claims. The sample can be found and downloaded on the Internet.
ATTENTION! An unfounded statement about the unworthy behavior of a particular heir is unlikely to convince the court. Evidence required. If, for example, there was deception or threats to the testator in order to induce him to write a certain will, this can be proven by the testimony of disinterested witnesses, letters, and audio/video recordings. Documents on deprivation of parental rights or writs of execution indicating non-payment of alimony will prove evasion of the obligations to support the testator. And so on. The court will decide to recognize the heir as unworthy and remove him from inheritance only if there is convincing documentary evidence and/or testimony.
Going to court
What documents to submit to the inheritance court are determined by the nature of the appeal. In particular, if we are talking about establishing any legal fact, an Application is submitted. It assumes that there is no defendant in the case and therefore the court needs to establish a certain fact.
Vera S. turned to a lawyer for help with the question of what to do if the notary does not accept her application for acceptance of the inheritance, since the woman does not have a Death Certificate for her uncle, and the inheritance case has not been opened. The registry office refuses to issue a duplicate because there are no other papers. The lawyer advised me to go to court to establish the right to inheritance.
The statement of claim is used in cases where the defendant is a specific person. For example, you can file an application to court regarding an inheritance that was wrongfully inherited by another person.
But in any case, the application must reflect:
- circumstances requiring the participation of the court - the reason for turning to the judicial system (establishing something or the subject of a dispute);
- grounds that support the applicant’s position - rules of law;
- evidence in the case – documents, other evidence;
- a specific and clearly defined request to the court.
In addition, the statement of claim indicates the defendants - one or more. The defendant can be not only an individual, but also an organization.
Since the judicial process is quite complicated for an unprepared and not savvy person in law, it is better to entrust this to a specialist. The lawyer will prepare a statement of claim taking into account all the requirements and circumstances, and during the trial he will defend his client’s position. If you approach the matter “carelessly,” then there is a risk of losing even a promising business.
Moscow resident Fedor turned to a lawyer for help. The man explained that his wife had died. The apartment was registered in her name, although it was bought during the marriage and with Fedor’s money. The mother-in-law turned to the notary with an application to accept the inheritance and received 1/2 of the apartment. The man decided to challenge this division on his own, but was unable to substantiate his position in court. As a result, the process was lost. A lawyer on behalf of Fedor appealed the decision of the district court. The appellate court awarded the mother-in-law only 1/4 of the apartment, since Fyodor’s wife could actually own only half, and she can inherit it.
There is a disputed inheritance - you don’t know which court to file? Consult with a site lawyer for free by phone or online.
Late application for inheritance
Under normal life circumstances, the heirs usually have the six-month period specified by law to complete all the documents and receive a certificate of inheritance. But there are exceptions. If the heir can prove to the court the valid circumstances that prevented him from taking the necessary steps to enter into the inheritance on time, the court may revise the deadline. That is, increase it.
A specific list of valid reasons is not defined by law. In each case, the court makes an individual decision on whether the reason can be considered valid.
Perhaps, the heir being in the hospital, on a business trip abroad, or on a remote expedition can be considered undeniably valid reasons. But the list does not end there. A “late” heir must provide documentary evidence of the reason for his absence.
Whether the court will accept them as a valid reason depends on many factors. If he does not accept, the heir will have to come to terms with the loss of the inheritance. It will not be possible to receive an inheritance in any other way if the deadline is missed (unless the relatives in good faith transfer to the “latecomer” the part of the inheritance due to him on a voluntary basis).
There is one more mandatory condition. The claim must be filed no later than six months after the expiration of the six-month period. Simply put, if more than a year has passed since the death of the testator, nothing can be done.
ATTENTION! The practical complexity of such cases is aggravated if there are other heirs who did everything on time and have already inherited according to the law. If the court finds the reason for the violation of the deadline by one of the heirs to be valid, the procedure for distributing the inheritance should be reviewed. And other heirs may have already disposed of their shares - sold, donated, exchanged, or even died themselves and transferred the inherited property to their heirs. In practice, it is usually very difficult to return or compensate for part of already distributed shares. If the relationship between the heirs is not so close and trusting as to reach an amicable agreement, you cannot do without the help of an experienced, qualified lawyer.
Is it possible to settle the matter out of court?
The methodological recommendations of the Federal Notary Chamber dated February 28, 2006 provide for the possibility of out-of-court restoration of the right to inheritance if the deadline for contacting a notary is missed.
Consent of heirs
If all the heirs in the case do not object to the restoration of the period for accepting property assets, they have the right to draw up an agreement. In this case, you must obtain the consent of each heir.
A sample document can be viewed here.
If, before the agreement is drawn up, the remaining citizens have already received their share of the property, they will have to pay compensation in favor of the newly admitted heir.
Challenging or invalidating a will
The will of the testator, expressed by him in the form of a will, is the law. But it will be executed only if the will itself does not contradict legal requirements. We have already talked about the special case of the “obligatory share”, which is received by disabled and minor heirs of the first stage, regardless of the will of the testator. There are other reasons to challenge the legality of a will.
Written form (we are not talking about handwriting a will, but about fixing it on paper, as opposed to an oral expression of will). Mandatory notarization. Full legal capacity of the testator. Voluntary writing of a will without coercion, physical or psychological violence. These are all non-negotiable legal requirements. If at least one of them is violated, the will can be challenged in court.
If the court finds the will invalid, its provisions will be canceled and inheritance will occur according to the law, in the order of succession of heirs.
When to go to court
Going to court for an inheritance is not always necessary. After all, the main registration falls entirely on the notary, who issues the Certificate to the heirs. But this specialist cannot act as an arbiter in relation to disputes between heirs, or heirs and other people who lay claim to the property. A notary only certifies the rights of those persons who can receive an inheritance either by will or by law.
Therefore, you will have to go to court if:
- heirs cannot divide property;
- it is necessary to challenge the will (in whole or in part);
- deadlines for applying for inheritance have been missed;
- the inheritance has actually been accepted and legal certification of this is necessary;
- a person must be recognized as an unworthy heir;
- there are no documents confirming the rights to inheritance;
- the testator did not have time to formalize the ownership of the inherited property during his lifetime.
Naturally, this is far from an exhaustive list of circumstances. For example, you can go to court even if a notary unlawfully issued a Certificate of Inheritance or when a share was not allocated for a compulsory heir. In some cases, even the right to inheritance is confirmed through the court.
Tatyana S. turned to a lawyer for assistance in determining inheritance rights. The woman became pregnant by Dmitry A., who died. The man had a wife and two children. Tatyana was interested in whether her unborn child could claim a share in the inheritance. The lawyer said that on the basis of Art. 1116 of the Civil Code of the Russian Federation, a child can claim an inheritance provided that he is born alive. Provisions of Part 3 of Art. 1163 of the Civil Code of the Russian Federation allows you to suspend the issuance of an Inheritance Certificate until the birth of a child, and Art. 1166 indicates the impossibility of dividing the inheritance before the birth of a child. However, due to the absence of a legal marriage between Tatyana and the deceased, with a high degree of probability paternity will have to be established through the court to actually determine the child’s right to inheritance. To do this, you need to notify the notary and go to the district court.
That is, the court actually regulates all issues that are beyond the competence of a notary, or determined by law. But which court should I go to – district or magistrate?
The testator's right of ownership of the inherited property
Situations like this are not at all uncommon. For example, the testator initiated the privatization of his apartment, but did not complete the procedure and died. Or he acquired some property, but did not have time to undergo state registration of the transaction before his death. As a result, although the property actually belongs to the testator, it is not legally included in the inheritance.
This can be corrected legally. A claim should be filed to include a particular property in the inheritance. If evidence of the actual acquisition of property by the testator is presented, the court will satisfy the claim.
List of documents
When registering an inheritance through the court, the first step is to draw up a statement of claim, which is sent to the district court.
The following list of documents must be attached to the statement of claim:
- Identity card, passport.
- A document confirming relationship with the deceased (marriage certificate, birth certificate).
- Death certificate of the testator with a copy attached.
- Original and copy of the will. The copy is certified by a notary, confirming the absence of changes in it.
- A document confirming the ownership rights of a deceased testator.
- Receipt for payment of state duty - 200 rubles.
To confirm that the deceased has taken possession of the residential property, original receipts, contracts or checks showing the fact of the expenses for maintaining the housing may be required.
For persons who lived with the testator until his death and have a registration stamp, they should contact the housing management organization to obtain the necessary documents. If the person was not registered in the living space of the deceased, sworn testimony of witnesses will be required in court.
The rules for filing an inheritance claim in court are described in Art. 1155 of the Civil Code. Judicial permission to register an inheritance is equal in legal status to a notary's certificate of inheritance. It also needs to be registered with the relevant department.
Which court should I go to to enter into an inheritance?
The law provides for two options for jurisdiction over controversial inheritance cases. Claims are filed:
- To the territorial court at the location of the defendant. The defendant may be an individual or legal entity. Claims are filed in this court that are related to the establishment of facts related to the right of inheritance. For example, if the subject of the claim is the fact of inheritance, confirmation of family relationships, etc.
- To the territorial court at the location of the inherited property. The jurisdiction of these courts includes division, ownership, use of property, recognition of property rights, etc. If the property objects of the inheritance are located in different places, a general claim can be filed in any locality where any of the objects is located.
Limitation period for establishing the fact of acceptance of inheritance
A person can apply to establish a fact within the general limitation period, which is 3 years, BUT you should not wait for this period; you still need to resolve issues related to inheritance in a timely manner.
It should be noted that the court will refuse to satisfy the application due to the expiration of the statute of limitations only if such a request is filed by any of the parties involved.
Theoretically, such a request can only be made in a lawsuit when there is a dispute, although it cannot be ruled out that any interested person can also make such a statement when considering a case in a special proceeding.
How to draw up a claim correctly?
An inheritance claim may contain one or more claims. For example, when submitting an application for actual inheritance (especially if there are simply no other heirs), one requirement is sufficient - to legalize inheritance rights.
And if, for example, the heirs file a claim to recognize one of them as unworthy, then it usually contains two demands: to recognize the heir as unworthy and to challenge the will in his favor. In some cases, there may be more claims.
But regardless of this, the general formal rules for writing and filing a claim remain unchanged. It must be drawn up in accordance with the requirements of the Code of Civil Procedure of the Russian Federation: in handwritten or printed form (printed on a printer), without erasures or corrections, the circumstances of the case are presented in a strict business style.
The claim must contain the following information:
- The exact and full name of the judicial authority to which the application is submitted
- Details of the plaintiff (full name, date of birth, legal and actual address of residence, contact information)
- Information about the testator (full name, date of death, last registration address)
- Information about the defendant, if any (full name, date of birth, address)
- The value of the inherited property (in its entirety or only the disputed part, depending on the subject of the claim) – “the cost of the claim”
- Title of the document: “Statement of claim for... (restoration of the inheritance period, entry into inheritance, invalidation of the will, recognition of the heir as unworthy, etc.)
- Information about the plaintiff’s inheritance rights (will, confirmation of kinship, etc.)
- Information about other heirs
- Transfer of inherited property
- Description of the circumstances that led to the application to court
- The claim or claims itself
- A link to the legal provisions justifying the filing of a claim
- List of documents attached to the application
- Date and personal signature
As for the documents that need to be attached to the statement of claim, we are talking about any documents illustrating the circumstances of the inheritance dispute:
- Copies of the plaintiff's passport
- Confirming kinship and rights to inheritance
- Evidence of a relationship with the testator
- Evidence of actual entry into inheritance rights
- Confirming the bad faith of another heir
- Proving the impossibility of complying with the period allotted for entering into inheritance rights
- Proving irregularities in the making of a will
- And others designed to confirm the correctness and validity of the plaintiff’s claims
ATTENTION! The success of claims of this type very much depends on the evidence base. If you do not fully understand what documents are important to collect and present to the court, and which of them can significantly affect the course of the case, seek professional legal help. It is important to do this before the claim is filed.
Accompanying documents are submitted in the form of copies, with the exception of the receipt for payment of the fee, which must be submitted to the court office in the original. The remaining documentary copies and copies of the statement of claim should be prepared in an amount equal to the number of interested parties (heirs), including the plaintiff. Plus one more set that the court will accept for work and keep for itself.
Lawyer for establishing the fact of acceptance of inheritance in Yekaterinburg
As we see, not everyone is able to prove the establishment of the fact of acceptance of an inheritance on their own due to the complexity of the procedure. The main problem is to collect and analyze evidence and correctly compose a statement. It is also important to properly conduct the case directly in court.
The issues of proving the actual acceptance of an inheritance and challenging them are quite acute, so sometimes it is necessary to correctly collect the evidence base, which a competent lawyer can always help with.
To avoid mistakes, it is best to contact our inheritance lawyer in Yekaterinburg, who will monitor the correctness of the legal process to protect your inheritance rights. Start acting right now and call us - a consultation on inheritance will help you understand your problem and choose the most effective way to solve it.
Without trial? Sometimes
Is entering into an inheritance through the court a mandatory procedure? Not at all. This will not be necessary under a number of conditions:
- there are all the documents necessary for registration of inheritance;
- 6 months have not passed since the death of the testator;
- either one person can claim the inheritance, or all the heirs have gathered and reached an agreement.
Are these conditions met? Take the documents and contact the notary at the place where the inheritance was opened. Usually it coincides with the place of registration (registration) of the testator. If everything is in order, registration of an inheritance certificate with a notary usually lasts from two to four weeks, after which you can be congratulated.
If, for some reason, obstacles arose during the execution of documents, or disputes arose or may arise between the heirs, or the 6-month deadline for accepting the inheritance was missed, or the notary refused to formalize it for other reasons - for example, he discovered an error in the spelling of the surname, - it will not be possible to avoid litigation.
Important: “you can’t match words to deeds,” and in case of refusal, the notary is obliged to issue you an appropriate written resolution .
If you cannot enter into inheritance on time
According to the law, the heir is given 6 months to declare the inheritance, draw up the necessary documents and obtain a certificate of inheritance from a notary.
In most cases, this is enough to get everything done. But special circumstances may interfere.
If there are good reasons, a statement of claim is filed with the court to restore the deadline for registering the inheritance. Possible reasons:
- Serious illness with treatment in a specialized medical institution with a ban on leaving its boundaries. You should take a certificate of this fact from the hospital, as well as a written confirmation from the attending physician with a signature and seal. It states that it was impossible to leave the hospital for medical reasons.
- Service in military units. A certificate is taken from the military registration and enlistment office, which indicates that the person was not able to leave the military unit according to the regulations.
- Life abroad. Requires documents confirming that it was impossible to leave the country for various reasons.
- The heir was not notified of the death of the testator. This happens when relatives live very far from each other.
When the heir lived with the testator and continues to live in this residential premises after his death, but did not have time to prepare documents for the legal registration of the inheritance, the procedure is simplified.
When filing a claim in court, the following are provided: receipts for the purchase of equipment, receipts for payment of utilities, contracts for hiring repair crews, etc. Testimony from witnesses that the person lived and continues to live in the apartment of the deceased will also be useful.
Seek recognition or awards?
When going to court, in some cases it is necessary to submit an application , in others - a statement of claim . Despite all the similarities, these are different documents.
Also note that there are two types of inheritance claims: for award (or execution) and for recognition (or institutive).
In the first case, in the statement of claim
- one or more defendants are indicated - other heirs;
- the subject of the dispute is stated;
- the fact of violation of the plaintiff’s rights is announced and justified;
- a request is formulated to the court to eliminate this violation.
In this case, the plaintiff is recommended to ask or demand the court to seize the disputed property before making a decision.
In a statement of claim for an award, the plaintiff may request:
- on the allocation of a mandatory share of the inheritance;
- invalidate a will that violates the legal rights of the plaintiff in favor of the defendant;
- recognize the defendant as an unworthy heir;
- invalidate the certificate of inheritance issued to the defendant, etc.
A sample of the desired statement of claim for inheritance in court - both for award and recognition - is not difficult to find on the Internet in the public domain.
