Validity of the will: possible restrictions, entry into rights and their restoration

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A will is a document certified by a notary that determines the fate of the testator's property after his death. The document is drawn up unilaterally and reflects the will of the property owner. It does not have a validity period, unlike other types of contracts. A will comes into force after the death of the owner of the property and the heirs’ declaration of rights to it.

Validity of a will: when to contact a notary

Being the legal owner of property, a person can dispose of it at will.
We are talking about donation, exchange, inheritance or sale. The transfer of property to relatives is most often carried out through a will. This document lists those persons who can claim the property of the testator, indicating the size of their shares. A testamentary disposition comes into force upon the death of the testator.

Below we will look at how long a will is valid.

Does a will have a statute of limitations?

According to the law of the Russian Federation, a testamentary disposition has no statute of limitations. In this case, the originator has the right to make adjustments to the document or even cancel its validity. You can change any item, including the composition of the heirs.

The testator can draw up one document, including the entire estate, or draw up several wills for different types of property.

In addition, the will does not have to include all of the property. For example, a citizen has an apartment and a dacha. He decides to include only the dacha in his will, passing it on to his son.

Then the apartment will be distributed among the heirs according to the law.

During the life of the testator, none of his heirs or other interested parties have the right to make adjustments to the will or challenge it. This possibility arises after the death of the testator. The issue is resolved in court.

How to restore the validity of a will

If the recipient of the inheritance missed the validity period of the will for the apartment for a good reason, he can restore them through the court. Most often, legal proceedings are initiated in the following situations:

• the heir did not know about the death of a relative;
• the citizen was undergoing treatment for a serious illness;
• the person was abroad for a long time and could not come to his native country.

If the court considers the specified reason to be valid, the period for accepting the inheritance will be extended. In this case, certificates received by other heirs are automatically canceled. The statute of limitations for filing a claim is six months from the end of the period allotted for accepting the inheritance.

How long does a will last when actually accepting an inheritance?

The heir under a will has the right to accept the property in fact. In this case, the period for contacting a notary is unlimited. The main thing is that the citizen has evidence of acceptance of the property. Otherwise, he will have to defend his rights in court.

Contesting a will

Current legislation determines the period during which potential heirs can defend their rights in court. It is 3 years. The countdown begins not from the moment of death of the testator, but from the day when the citizen became aware of the violation of his interests.

In rare cases, the statute of limitations for a will may be extended to 10 years. After this time, it will not be possible to file a claim - it will be rejected without consideration.

Thus, heirs under a will need to contact a notary within 6 months after the death of the testator. Otherwise, restoration of rights to inheritance will be possible only in court.

How long does it take to challenge a will?

Art. 181 of the Civil Code of the Russian Federation establishes clear deadlines for challenging the text of a will by interested parties who are inclined to believe that the document was drawn up in violation of the law.

Depending on the grounds for challenging, there are two types of terms in inheritance:

• 1 year – challenging wills created under the influence of blackmail, threats, deception and violence;
• 3 years – invalidation of a will created in violation of the rules of drafting (without notarization, drawn up by an incapacitated citizen).

The limitation period begins from the moment the heir learns of a violation of his inheritance rights in connection with a disputed or completely void will. That is, only a person interested in the outcome of the inheritance case can bring a claim in court.

It is better to file a claim as early as possible - within 6 months . This is due to the fact that after six months the illegitimate heirs will receive certificates of the right to inheritance and will be able to dispose of it. After this, it will be much more difficult to regain your rightful share.

In 2020, you can file a lawsuit to declare a will invalid or challenge it only after the death of the testator.

Registration of inheritance under a will in the order of transmission

An application for acceptance of property by way of hereditary transmission should be submitted to the notary's office at the place where the will of the first testator was opened. Additionally, the will is submitted to the notary at the place where the inheritance of the first heir was opened. Respectively. The interested party is required to provide two independent documents (even if the places where both documents are opened coincide).

The second heir is obliged to accept the testator's inheritance within the period remaining after the first part of the six-month period for accepting the inheritance (after the death of the first heir). The period for accepting an inheritance from a deceased heir is based on general provisions and is six months.

Author of the article: Petr Romanovsky, lawyer

Work experience 15 years, specialization - housing disputes, family, inheritance, land, criminal cases.

Useful information on inheritance matters

• according to the law Entry into inheritance
• What documents are needed to enter into an inheritance?
• Inheriting an apartment
• Inheritance after the death of a relative
• Mandatory share in inheritance
• How to register an inheritance
• Certificate of right to inheritance
• Establishment of the fact of inheritance and recognition of property rights
• Restoring deadlines
• Opening time and place
• List of documents for opening an inheritance case
• Refusal of inheritance
• Application for acceptance of inheritance
• Selling an inherited car
• Opening an inheritance case
• Inheritance after wife's death
• Joint inheritance
• Escheated inheritance
• Documents for registration of inheritance
• Inheritance after mother's death
• Inheritance after the death of a husband
• Inheritance after the death of parents
• Registration of inheritance for an apartment
• Inheritance after father's death
• Protection of inherited property
• Division of inherited property
• Documents for inheriting an apartment
• The procedure for inheriting an apartment by law after death
• Inheritance of a non-privatized apartment
• Inheritance of a privatized apartment
• Application to establish the fact of acceptance of inheritance
• Inheritance without a will
• Limitation period for inheritance cases
• Application for inheritance
• Valuation of a plot for inheritance
• Disinheritance
• Car valuation for inheritance
• Inheritance by adopted children and adoptive parents
• Inheritance by right of representation
• Inheritance after the death of a son
• The procedure for inheriting cash deposits
• Inheritance of land plots
• Inheritance of loan debts
• Inheritance of unpaid amounts
• Actual acceptance of inheritance

Special cases of terms of inheritance under a will

Does a will have a statute of limitations for various types of property or property rights and obligations? As a general rule, the statute of limitations for the last will of the testator is not limited in any way.

Period for inheriting an apartment

Inheriting an apartment is no different from inheriting another type of property . The heir can receive the apartment bequeathed to him at any time after the death of the testator. But lawyers recommend resolving this issue quickly.

The apartment, which will be transferred to other heirs or the state, may be sold by the time the heir learns about his share in it.

A bona fide purchaser of residential space will be protected by law, and it will be very difficult to regain inheritance rights. In addition, the building in which this apartment was located may be destroyed by a natural disaster or demolished as uninhabitable.

In such a situation, it will be impossible to receive your inheritance. In this case, the will of the testator will be considered irrelevant.

Notaries, as a rule, when it is impossible to independently search for heirs, publish wanted ads on their websites or third-party media platforms. It is better to regularly review these advertisements so as not to miss your last name in the search for heirs.

Time limit for contesting a will

The Civil Code of the Russian Federation defines the conditions on the basis of which a will can be declared voidable. The contestation procedure can only be started after the death of the testator. According to Art. 168-179 of the Civil Code of the Russian Federation we are talking about the following situations:

1. The will does not comply with the law.
2. Incapacity of the compiler, established in court.
3. The document was drawn up by a citizen who is unable to understand the meaning of his actions.
4. Making a will under the influence of a mistake.
5. Revealing expression of will under the influence of threat, violence or a combination of difficult circumstances.

In this case, the limitation period will be one year.

Special grounds for declaring a testamentary document invalid include:

1. Failure to comply with the rules on written form.
2. Violations of the rules on the qualification form - lack of signature of a notary or other officials.
3. Lack of testator's signature.
4. Violation of other legal norms.

In such cases, the will is considered void, and the statute of limitations is three years.

Misprints and other minor defects are not grounds for declaring a testamentary document invalid if the court determines that they do not interfere with understanding the will of the testator.

Registration of an inheritance is a complex and costly process that requires a lot of effort and time. The assistance of professional lawyers will help simplify this procedure and ensure the correct preparation of all documentation taking into account the requirements of the Civil Code of the Russian Federation.

You have the opportunity to take advantage of a free initial consultation with specialists from the ros-nasledstvo.ru portal, asking them all your questions regarding the procedure for entering into an inheritance or challenging a will in court.

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Each person can dispose of the property belonging to him at his own discretion. Property can be gifted, sold or inherited. One of the ways of alienation is by will. The administrative document allows you to determine not only the circle of heirs, but also the list or size of shares of the property that they will receive. If necessary, the testator can draw up two wills - one for the apartment, the second for the house and land. However, the validity of the order after the death of the testator is limited by law.

Limitation of legality

A testamentary document has an unlimited duration unless it is revoked by the testator. The number of documents drawn up depends on the wishes of the testator, and each new one cancels the effect of the previously created one. However, there are rules when the duration of the action is limited. These are wills that are made in emergency circumstances. According to Art. 1129 of the Civil Code of the Russian Federation, the period is:

• One calendar month - if nothing threatens the life of the testator and emergency circumstances are left behind. During this period, you must contact a notary to re-register documents.
• Six months. If a citizen died in an emergency, the witness must hand over the documents to the notary to initiate an inheritance case.

Inheritance

You can enter into an inheritance in accordance with the will left, which is specified in Chapter 62 of the Civil Code of Russia.

If there is no will, then the will comes into force by law - this is spelled out in Chapter 63 of the Civil Code of the Russian Federation.

Registration procedure

To make a will. the testator must contact a legal specialist. The agreement must be drawn up in writing, in capital or block letters.

The will application must be drawn up strictly according to the model and certified by a notary.

At the end of the document, the testator puts his signature. The application must also indicate the place and date of the document.

Mandatory share

Regardless of whether there is a will drawn up or not, the presence of a certain group of relatives who are entitled to a mandatory share of the property is always taken into account (Article 1149 of the Civil Code of the Russian Federation).

Such relatives include:

• disabled and minor natural and adopted children;
• disabled parents and adoptive parents of the testator;
• citizens who have been dependent on the testator for at least a year.

They are entitled to at least half of the part that would be due under legislative inheritance. This point is explained in Article 1149 of the Civil Code of the Russian Federation.

Methods of adoption

According to Article 1153 of the Civil Code of the Russian Federation, inheritance can be entered into in two ways:

1. The first is to submit a written application to the notary office. There is a special procedure for submitting documents. The application should be submitted at the place of residence of the maker of the will or at the location of the real estate if residential premises are transferred to the heir.
2. The second method is the actual acceptance of the inheritance, that is, the heir must perform actions that characterize him as the owner of the property. Protect, operate, pay expenses, carry out repairs, in general, do everything that would indicate the actual use of the property.

In 2005, the government decree abolished the inheritance tax. However, upon entering into an inheritance and receiving the necessary certificate, the heirs will have to pay a notary fee, which is called a state fee.

• for recipients of property in the first two stages and close relatives - 0.3% of the total amount of property received, but not more than 100 thousand rubles;
• other applicants for inherited property will have to pay a state duty in the amount of 0.6% of the total value of the inherited property, and the tariff should not exceed a million rubles.

It is important to note that this tariff is the same for heirs according to the will and according to the law. And if there are several candidates for inheritance, then each of them must pay the notary fee in full

And if there are several candidates for inheritance, then each of them must pay the notary fee in full.

Testator's rights

1. The owner of the property can draw up a testamentary transaction for relatives, loved ones and even strangers; it is also possible to bequeath property to a commercial or non-profit organization.
2. The testator has the opportunity to distribute his property in equal or unequal shares.
3. Also, if desired, the drafter may bequeath the property with the condition that some public service be performed.
4. In some cases, it is allowed to register a will not in a notary's office, if there are special circumstances for this, and there are no government agencies nearby (in accordance with Article 1129 of the Civil Code of the Russian Federation).
5. The testator can dispose of any of his property, even those that he plans to purchase in the near future.
6. The testator can also dispose of part of his property and, if necessary, draw up several testamentary transactions.
7. The testator can deprive his relatives of the inheritance, even if it is due to them by law. It is also possible to change a will at any time during your lifetime. In this case, the testator is not obliged to indicate the reasons that prompted him to change the transaction, appoint a new heir or exclude the previously indicated one.
8. Also, if the testator wishes, a sub-heir is appointed who has the rights to receive the property if the main candidate for the inheritance dies or for other reasons cannot take ownership.

It is worth noting that the freedom of the testator is limited by the clause of the obligatory share of a certain group of relatives.

A will for a house is drawn up in accordance with the norms of the Civil Code of the Russian Federation.

When does a will come into force? See here.

If there is a will, do I need to wait 6 months?

Before you can understand whether a will has a statute of limitations, you need to know about its existence. Every person who has citizenship in the Russian Federation, has reached the age of majority and owns some property has the right to draw up such a document. When drawing up a will, it is duplicated in two copies: the first remains with the owner, and the second is sent to the archives of the notary office.

According to the law, a valid testamentary document must be correctly and competently executed. It must also contain the following information:

1. The time and date on which the will was executed.
2. Location with the name of the populated area, district, street and serial number of the house.
3. Information about the testator (name, surname, patronymic, place of residence and registration).
4. Information about successors (first name, surname, patronymic, date of birth, degree of relationship).
5. Rules for accepting property.
6. Painting.
7. A record certifying the validity of the document, the notary's seal and the signature of the verification officer.

Claimants to inheritance

You can obtain inheritance rights as follows:

• by will;
• in law;
• by hereditary transmission;
• by right of representation.

Regardless of the grounds for obtaining rights to the property of the deceased, the heir has the right to decide for himself whether to register the property or abandon it. Entering into inheritance is voluntary.

By will

The procedure for entering into inheritance under a will is regulated by Chapter. 62 of the Civil Code of the Russian Federation.

A will is an official document that reflects the will of a citizen regarding the distribution of his property in the event of his death.

The heirs under the will can be:

• relatives;
• strangers;
• legal entities;
• charity organisations;
• state.

With the help of a will, the owner completely changes the order of inheritance. He may completely or partially deprive his relatives of the opportunity to receive their property.

The exception is the obligatory share in the inheritance. Art. 1149 of the Civil Code of the Russian Federation establishes the right to a share in the inheritance of the following citizens:

• minor children;
• disabled parents, children, spouse;
• disabled dependents.

They have the right to a share in the property if the will does not provide them with a share or if it leaves less than ½ of the share provided by law.

Without a will

Inheritance by law is regulated by Ch. 63 Civil Code of the Russian Federation. In this situation, all property is divided in equal shares between the heirs of the same line.

This option applies if:

• the deceased owner did not make a will;
• the will is declared invalid;
• a will has been drawn up in relation to part of the property;
• the heir under the will renounced his share without specifying a successor.

In such situations, family ties become the basis for inheritance. The primary legal successors are spouses, children and parents. If the testator does not have first-degree heirs, then the right of claim is transferred to brothers and sisters, grandparents. If they refuse or are absent, the right is transferred to aunts and uncles.

Thus, the Civil Code of the Russian Federation provides for 7 lines of inheritance based on family ties. To obtain the right to inheritance, it is necessary to document the existence of a family relationship using documents from the registry office or a court decision.

According to the law, dependents are a separate category of heirs. These are disabled citizens who were supported by the deceased for at least 1 year before death. They are given the right to receive a share in the inheritance with any succession. In the absence of relatives, dependents inherit as an independent line.

If a citizen has no heirs by law, then the property is transferred to the state.

Hereditary transmission

If the heir died between the date of death of the testator and the moment of registration of the inheritance (that is, within 6 months after his death), then the right to inheritance is transferred to his heirs. The transfer of the right to a share in the inheritance is carried out in accordance with the will of the deceased (if he bequeathed all his property, wherever it was located and whatever it was expressed in) or by law.

Example. After Ivan's death, his children, Varya and Oleg, became his heirs. A month after Ivan’s death, Oleg was hit by a car. Oleg did not make a will, so his inheritance passed to his wife, Olga. Olga submitted documents to register Oleg’s inheritance and Oleg’s share in Ivan’s inheritance.

Inheritance by right of representation

Art. 1142, , 1144 of the Civil Code of the Russian Federation provides for the possibility of inheritance by right of representation. This right arises if one of the legal heirs died before the death of the testator.

• Art. 1142 provides for the possibility of inheritance by grandchildren in the event of the early death of the children of the deceased.
• Art. 1143 of the Civil Code of the Russian Federation provides for the possibility of inheritance by nephews in the event of the early death of the brothers and sisters of the deceased.
• Art. 1144 of the Civil Code of the Russian Federation provides for the possibility of inheritance by cousins ​​in the event of the early death of an uncle or aunt of the deceased.

This type of inheritance provides for a division between all heirs according to the right to represent the share of their deceased relative.

Example. After Marina's death, her children, Igor and Pavel, would become heirs. But Pavel died many years ago. Therefore, Paul's children, Maria and Catherine, were invited to inherit. Thus, Marina’s inheritance was divided between her son and granddaughters: ½ share to Igor, ¼ share each to Maria and Catherine.

Testamentary act: what is it?

A will is an administrative document drawn up by the testator in the event of his death.
It is a unilateral transaction and does not require consent from the heirs, since the latter will be able to express their attitude towards the property bequeathed to them when opening an inheritance case. The successors can either accept the property left to them or simply renounce their rights to it or do it in favor of another heir. The heirs are given six months to make a final decision regarding the property left behind. If no decision is made, the inheritance will go to those successors who are legally entitled to it.

A testamentary act has a number of advantages over entering into an inheritance on a legislative basis. The disposition initially allows the testator to choose those heirs to whom he wants to transfer his property. However, good or at least neutral relations are not always established between relatives. Often children neglect their parents, couples conflict with each other, siblings are not interested in each other, and grandchildren only want to get their grandparents' inheritance. Taking these circumstances into account, the law allows the testator to identify truly worthy successors, eliminating those who pursue mercantile interests.

Thanks to the testamentary act, the testator can divide his property between several successors, and also put forward a number of conditions, which include receiving an inheritance only in the case of caring for the testator until his death or providing residence to one of the relatives in the apartment bequeathed to the heir.

What are the advantages of this notarial document for heirs? First of all, it should be noted the composition of the successors. According to the legislative framework, property can be bequeathed not only to individuals, but also to legal entities. Based on this rule, the testator has the right to leave his property not only to those persons who are related to him by family ties, but also to those who do not have such a connection. He can transfer his property to his wife and children or leave it to his best friend. In this case, everything will depend on what personal relationship the testator has with his successors.

Another advantage of the document is that the heir does not have to confirm family ties with the deceased testator. In some cases, missing certain documents can lead to serious paperwork and wasted time. A will allows you to avoid this problem.

However, the testamentary act also has disadvantages, which consist in the obligatory share of the bequeathed property.

The testator does not have the right to leave without inheritance those citizens to whom it is due by law. These include the testator's young children, his disabled parents, spouse or dependent citizens. If at the time of drawing up the testamentary act there were no obligatory heirs, but they appeared after the death of the testator when the inheritance case was opened, then the employee of the notary office is obliged to defend their interests.

The share of these persons should be allocated from the unsubscribed property. If it is missing, then the obligatory part will need to be allocated from the already bequeathed property by taking away a certain share from it.

It is possible to reduce part of the property of socially vulnerable heirs, but this can be done in rare cases. It will only be possible to refuse to provide this category of successors with a mandatory share of property if there are compelling reasons for doing so. The heirs indicated in the testamentary instrument can appeal to the judicial authorities with this issue.

Document requirements

For a will to be official and valid, certain conditions must be met:

• the person involved in drawing up the documentation must have legal capacity at the time the will is formed;
• the act must be notarized, and if the citizen does not want the contents to be known even to a notary, a closed form is used;
• the text takes into account the rights of obligatory heirs, who can receive property even if they are not in the will;
• experienced lawyers advise involving independent witnesses who will be present when drawing up this document, which will reduce the likelihood that in the future relatives will be able to challenge its contents.

Many people who resort to this document think about the validity period of a will for an apartment or other property. This document comes into force only after the death of the originator. The heirs claim rights to the remaining valuables, and can also formalize a refusal of the inheritance. The period for entering into inheritance under a will is 6 months.

Types of document

Each citizen can independently decide with the help of which document he will distribute property. The main types of wills include:

• open, drawn up with the involvement of a notary, and a specialist must study the text, which allows him to make sure that the interests of the obligatory heirs are taken into account in it, and that there are no violations or errors;
• closed, to which even a notary does not have access, but there is a possibility that the testator will make various mistakes in it, so there is an opportunity for relatives to challenge the text;
• an order formed directly at the bank, and according to it, the funds held in the account at the banking institution are transferred to the heirs.

The validity period of any type of will is the same. It is regulated by current legislation.

Is the validity of a will limited after the death of the testator?

After the death of a person, his heirs have some time, established at the legislative level, at their disposal to prepare all the necessary documentation so that they can enter into inheritance rights.

When the deceased has stated his will in a testamentary document, the same time is allotted for entering into the inheritance. But let’s find out whether the will itself has a statute of limitations? Let's consider all possible situations and timing in this article.

Briefly about the will

The owner of property, by means of a well-drafted document, can transfer it after his death to absolutely any person.

And the degree of relationship will not have any significance, unlike inheritance by law.

But in order for such a testamentary document to be valid, the following conditions must be met:

1. The testator must be recognized as having legal capacity at the time of its preparation;
2. The document drawn up must be notarized. If the will is closed, then even the notary cannot know about the last will of the compiler;
3. If there are legal heirs, then their obligatory share should be taken into account when drawing up;
4. Lawyers also recommend that disinterested witnesses be present when drawing up and signing this act.

A testamentary document comes into force only after the death of the testator. Only then can his heirs claim their rights to the left-behind property or formalize their refusal to enter into the inheritance. They have six months established by law to do this.

Is the duration of a will for inheritance limited?

As for the validity period of the document itself, it is valid as long as the property indicated in it as an inheritance exists. In this case, the type of property does not matter.

The validity period of a will after the death of the testator is not limited.

Statute of limitations for a will

As mentioned above, after the death of the testator, the validity of the document does not terminate. It will be valid as long as permitted by law - for six months.

However, the countdown of the limitation period for this document will begin from the moment the heirs and relatives apply to a notary to open it, and not from the moment of the death of its compiler. So, if they did not know about the existence of the testamentary document, this period will not be counted.

But when relatives open the contents of the last will of the deceased in a notary’s office, they have six months to complete all the necessary documentation and enter into the inheritance.

Duration of the will for an apartment

A will in which the property left is an apartment is also valid indefinitely. This applies to any category of real estate.

But the heirs under the will should still hurry up. Because if they do not declare their rights within six months, this property will be transferred to the heirs by law.

After which the property may be alienated, which will lead to the need for additional legal proceedings.

Reference. An apartment or any other real estate can go to the state if no one claims their rights.

And the heirs will also have to prove them in court. The will itself will serve as evidence here.

Statute of limitations for accepting inheritance

The statute of limitations of the document itself has already been discussed above. But, in addition to this period, there is also another - the statute of limitations for accepting an inheritance left under a will.

There are situations when the relatives of the deceased were not aware of the will for several years. In such cases, they will have to restore their right to inheritance through the court.

Claimants of the estate have only three years from the date of opening of the probate document to do so. This is the statute of limitations for accepting an inheritance under a will.

If there is no testamentary document among them, it is worth keeping in mind that when opening this document, notaries are looking for heirs, placing advertisements and informing all involved persons about this.

Basic requirements for a will

There are certain requirements for the execution of a testamentary document. The rules for its preparation are reflected in Art. 1124, 1125 Civil Code of the Russian Federation. It also provides the procedure for challenging the case and the statute of limitations. The validity period of the will itself is not specified, which allows it to be considered indefinite.

Compliance with the requirements for the form and content of the document is a prerequisite for recognizing it as valid. Therefore, when making a will, it is better to seek help from a professional lawyer.

Key aspects to cover:

• A complete list of heirs indicating the names and degree of relationship, full name, place of residence and registration.
• Information about the testator: his full name, date of birth, passport registration and actual place of residence.
• A list of all property that is inherited. If the testator does not indicate what property will be allocated to each of the heirs, it is by default subject to division into equal shares.
• Current date and signature of the testator.
• Notarization in the form of signature and seal.
• In a closed will, when the notary does not know about its contents, the signatures of witnesses are placed on the envelope. The notary places it in another envelope, on which he indicates the place and date of acceptance of the document, information about witnesses.

A mandatory requirement is the presence of a notary's signature indicating the authenticity of the document, since without it the will has no legal force. However, there are exceptions to this rule, specified in Art. 1125 (clause 7), art. 1127 (clause 2), art. 1128, Art. 1129 of the Civil Code of the Russian Federation. An official of local government bodies or the consulate of the Russian Federation can perform notarial acts if this is confirmed by law. Also, wills that have the signature of the following persons are considered notarized: the chief or duty doctor in the hospital; the head of a home for the disabled or a nursing home; captain of the ship; expedition leader; head of a military unit; the head of the place of deprivation of liberty; bank employee, if the testator disposes of the cash deposit. In this case, the presence of the testator and a witness is necessary, who also sign the document. In extreme circumstances, the will can be signed in person in the presence of 2 witnesses.

It is not necessary for any of the relatives to know about the existence of a will and its contents. All persons who took part in its preparation and signing do not have the right to disclose information regarding the document.

Right to inheritance after the death of a relative

Inheritance is one of the common rights of every citizen. According to the norms of the Civil Code of the Russian Federation, after the death of a person, his personal property (property, valuables and assets) passes to the use and disposal of his successors.

Inheritance is a collection of acquired property that is the object of inheritance. For example, most often children inherit an apartment, a car, or a plot of land after the death of their parents. This possibility is independent and its implementation depends only on the heir himself.

After the death of the testator, his property passes to close people, whose rights are divided into two categories.

• According to the law, this is the possibility of obtaining property by persons who belong to one or another circle of successors.
• By will - this is the possibility of entry on the basis of the personal order of the testator, left by him in the will.

Opening of inheritance is a process that involves the actions of successors in relation to the property left behind. It exists in two forms: legal and actual entry.

Is there a statute of limitations for entering into an inheritance?

To enter into inheritance rights, a period of six months is provided from the date of opening the case (death of the testator). However, legally there is another period associated with inheritance matters - the statute of limitations.

The statute of limitations for inheritance is a period of time defined in the Civil Code of the Russian Federation, which is intended to allow the restoration of inheritance rights in the event of their violation.

According to the Civil Code of the Russian Federation, the statute of limitations for such situations is three years. This period is counted from the moment the deprived heir learned of his right to receive property. This is why probate proceedings can begin decades later.

When is a claim filed?

Many heirs who do not agree with the information available in the document left after the death of a relative think about how long the will is valid. According to the law, documentation has legal force indefinitely, so the only option to stop this period is to challenge it.

The procedure involves filing a statement of claim, accompanied by evidence that the will was actually drawn up under pressure or by a person who is incapacitated.

The claim must be filed within a year or three years, depending on the reason for filing it. It must include the following information:

• the name and details of the court in which the specific inheritance case will be heard;
• information about the plaintiff, provided by his full name, place of registration, contact information and information from his passport;
• all circumstances related to this case are described in detail;
• the evidence available to the plaintiff is presented;
• at the end, the documents that act as appendices to the statement of claim are listed, and they are usually represented by witness statements, numerous medical certificates or other similar papers;
• the application is signed by the direct plaintiff or an authorized representative who has a notarized power of attorney to perform these actions.

Witnesses are often invited to court to confirm certain facts. If the claims are satisfied, the document is declared invalid.

Validity period and statute of limitations - what is the difference?

Important. A will that is certified by a notary has no validity period.

But there is a certain period for receiving an inheritance, it is six months. If you skip this period, the inherited object may be registered in the name of other heirs or transferred to the state.

But the heir has the right to return the property only after providing evidence in court.

The testator draws up a will at his own discretion and in accordance with Art. 1119 of the Civil Code of the Russian Federation can independently add or change its conditions. The document does not force the heir to perform an action.

Will: statute of limitations

A notarial document is legitimate until it is declared invalid or cancelled. But it should be taken into account that entry into inheritance according to the will is possible only within six months. If the heir does not do this within the time period allotted by law, close relatives of the deceased testator will be called to the case. The first to be called to the inheritance are the testator's children, his other half and parents. If there are none, then the right to inherit property is transferred to second-degree relatives, brothers/sisters or grandparents.

If relatives could not be found and no one has declared their rights to the abandoned property within six months, it will be recognized as escheated and handed over to the state, which will be played by local authorities.

Restoring the deadline for registering an inheritance

If the deadlines allotted by law for receiving inherited property have expired, but the heir for some reason did not manage to receive it, he can extend them by filing a claim in court. However, he can do this if he has an exceptional reason for this. For example, he was on a long business trip abroad or was undergoing a long therapeutic course. If the missed deadline for entering into an inheritance is confirmed with strong evidence, the heir will be able to restore the terms of the inheritance case and receive the property due to him. If other heirs managed to receive the property, then the certificate issued to them will be canceled.

Please note that there is a statute of limitations for filing a claim. It must be filed in court no later than six months after the closure of the inheritance case, otherwise the court will reject the claim and it will no longer be possible to receive the inheritance.

Sometimes situations occur when successors accept the bequeathed property in fact. In this case, they can contact the notary’s office even a year after the closure of the inheritance case. The only condition for the application will be evidence of acceptance of the property in writing, otherwise the employee of the notary office will refuse to issue a certificate and the heir will have to resolve this issue in court.

To register ownership of property, you must have either a notarial document or a court decision. A testamentary act can serve as proof of your right to bequeathed property.

How can the right of inheritance be restored?

When the heir learns about the inheritance much later than other claimants to the property, but within six months, it is possible to reach an agreement with the heirs peacefully.

The notary, as a rule, draws up a written consent to the redistribution of the inheritance, taking into account the rights of the newly announced heir. But it is not always the case that the remaining heirs make such concessions to the newcomer in the inheritance business.

But if the heir did not manage to declare himself within 6 months, the property will have to be returned only through the court.

In order to restore his rights to inherit property, the heir will need to present to the court strong evidence of unintentionally missing the deadline for entering into the inheritance.

If the heir missed the deadline for entering into inheritance due to his negligence or intentionally, the court will refuse to restore his rights.

The following circumstances in the life of the heir may be valid reasons for missing the deadline:

• The heir did not know about the death of a relative and could not know about it due to his long departure;
• The heir lives in a significantly remote area and cannot have contact with relatives;
• The heir has a serious illness due to which he has temporarily lost his legal capacity or the ability to move freely;
• Other heirs or other persons deliberately concealed information about inheritance from the heir.

Nuances of drawing up a declaration of will

The expression of will is formed in accordance with the requirements established by current legislation. Despite the principle of freedom to include provisions in a document, any inaccuracy or discrepancy with the requirements of the regulatory legal acts may lead to the cancellation of the order. If this happens, then the inheritance will be carried out in a general manner and many persons will not be able to lay claim to the assets of the deceased.

The will must contain the following information:

• date and place of signing;
• personal data of the manager;
• information about heirs;
• a list of property and allocated shares in it that specific successors will claim;
• other conditions provided by the testator;
• visas of the testator, notary, as well as the seal and record of the latter’s certification.

Important! After certifying the text, the notary becomes obligated to ensure the confidentiality of the person’s last will. In addition, the order itself can be certified in a closed form. In this case, its contents will become known to all parties participating in the procedure only after the envelope is opened and the contents are announced.

After the death of a loved one, the successors must contact a lawyer operating at the place of registration of the deceased. If the notary does not handle the case, he will redirect the applicants to another specialist.

Limitation periods for documents

How long a will is valid after the death of the testator has already been discussed above, however, in addition to this temporary value, there is also the concept of a statute of limitations. The limitation period for the testamentary document itself is also unlimited and infinite. But applicants for inheritance have only 3 years left from the date of discovery of the contents of the document, and this period is the statute of limitations for them.

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In order to avoid getting into a situation where the need to go to court becomes critical, heirs are advised to carefully read all the documents of the deceased. If a will was not found among them, one should take into account the fact that notaries search for heirs when opening a will, placing advertisements and notifying all involved persons. The will itself will remain valid as long as its existence remains meaningful and necessary for the heirs of the deceased.

For additional information on this issue, please see the section “Time limits for accepting and challenging inheritance” by following the link.

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Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

When can you challenge?

You can challenge a will within the time limits established by law:

• a void will, that is, one not drawn up according to the rules or if certain conditions are not met, is contested within 3 years from the date of opening;
• one year is given to challenge the will, which can be declared invalid.

How to find out about a will. You need to contact a notary.

Interested in canceling a will for an apartment? Read here.

How much does it cost to get a will from a notary? Details in this article.

Statute of limitations

The invalidity of a testamentary transaction can be confirmed if it turns out that the testator:

• drafted a document under pressure or violence;
• was incapacitated;
• was not aware of his actions.

Also, the invalidity of a will is proven if the unworthiness of one of the heirs is confirmed.

All these facts can be found out at any time after the opening of the inheritance, therefore there is no statute of limitations for recognizing the invalidity of a will.

How long does a will last?

Strangers do not have the right to familiarize themselves with the text of the will. All this information is strictly stored by the notary. He is responsible for its distribution, and may even be deprived of his notary status without the right to restore it.

The will comes into force from the moment of death of the testator.

Does a will have a validity period? This information is not directly indicated in the norms of the Civil Code of the Russian Federation. This gives grounds to conclude that the last will of the testator is valid indefinitely - one year or 10 years after his death.

The validity of a will for inheritance can be limited by any time frame only if it is contested or declared invalid.

Duration of validity during the life of the testator

A will is a legally valid document until the last will of the testator is carried out.

However, during his lifetime, the testator can rewrite his will a huge number of times. There are no restrictions on this manipulation. And every time the testator draws up a new will, the text of the previous one will lose its legal force.

The testator does not have the right to indicate in the will the date of entry into the inheritance.

Indication of such a period in the text of the will is the basis for declaring the document invalid and challenging it in court by any of the interested parties in the inheritance case.

Duration after the death of the testator

After the death of the testator, the heirs must prove themselves in two alternative actions:

1. Enter into inheritance;
2. Refuse to inherit.

The norms of the Civil Code of the Russian Federation set the period for entering into inheritance at six months.
You can refuse to inherit property not only by issuing a written refusal, but also by ignoring the fact of entering into an inheritance.

Within 6 months after the death of the testator, the heirs are required to apply for the intention to receive the inheritance to a notary . If they do not do this within the period established by law, this will be considered a refusal to enter into inheritance.

But situations are possible when the heir simply did not know about the death of a relative or the existence of his will for six months. That is why he missed the deadline for entering into inheritance. This will be considered by the court as a valid reason for missing the deadline. But the heir will have to prove it in court.

The legislation gives heirs 3 years to restore the missed deadline for entering into inheritance.

The issue of reinstating the term is always decided exclusively by the court. The remaining heirs, as a rule, speak out against this, because by that time they usually already sell the property they inherited.

The period for restoration begins to count not from the moment of death of the testator, but from the moment when the heir learns of his death.

That is, in fact, he can only find out after 20 years about the death of the testator. And it is from this moment that he has 3 years to restore his inheritance rights.

When should you apply for an inheritance?

Immediately after receiving information about the death of the testator, the notary who executed his posthumous will opens an inheritance case. The next point of his actions is to notify the heirs indicated in the text. For this purpose, all available media are used. If the testator appointed executors of the will during his lifetime, then the information is transferred to him.

It is not always the case that it is possible to find papers relating to the inheritance. Since the validity period of the paper for the apartment is not limited, you don’t have to worry about losing your share. One copy remains in the notary's office. Even if it happens that a lawyer quits, moves or dies, then all his affairs are transferred to his successor or to the archive.

Note: Since the period for implementing a will for an apartment does not apply to applying for an inheritance, this can be done after 20 years.

It is only necessary to prove in court the presence of compelling reasons why the heir could not contact the notary with the appropriate application.

These reasons could be:

1. A long business trip from which the heir was not able to come or send his representative. Even the power of attorney must be signed and certified.
2. Living abroad or in a remote area when the address and telephone number of the heir were unknown.
3. Long-term illness associated with complete or partial incapacity. This refers to a thought disorder, paralysis, or being in a coma.
4. Deception on the part of other participants in the property process. This is done in order to reduce the number of heirs and increase one’s will.

From the moment the heir learns about the will, he has 3 years to collect documents for the property and prepare a claim in court. It must be supported by documents confirming the fact that within the six-month period established by law, he did not contact a notary for a good reason.