What is sideways dis inheritance and how can it be avoided?

There are categories of heirs who may lose their right to inheritance. Armenian lawyers asked who could not claim the inheritance and why.

Inheritance is a situation that most people face at least once in their lives. But not all citizens who have the right to inheritance can be recognized as an heir. Together with lawyers, we tell who cannot claim the inheritance and why.

 Basic Rules of Inheritance

There are two main inheritance scenarios – by will and without it. If the testator has not drawn up a will, the heirs are determined by law in order of priority. The Civil Code provides for eight lines of heirs – each inherits if there are no representatives of the previous one. The main applicants are children, parents and spouses (heirs of the first stage). Next come the persons who were dependent on a person for at least a year before his death. The second stage includes sisters and brothers, grandparents.

If there is a will, then the estate is divided according to the will of the deceased. The will itself must be properly drawn up and certified by a notary.

The term for entering into the inheritance is six months from the date of its opening. The date of opening of the inheritance is the day of death of a person or the entry into force of a court decision declaring him dead. It is from this moment that interested persons must apply to the notary’s office with a statement. It is necessary to apply at the last known place of registration of the deceased or at the location of the main part of the estate, for example, real estate.

In case of acceptance of the inheritance, the debts of the deceased within the share of the inherited property also pass to the heir – it is impossible to accept only part of the inheritance. The inheritance can either be accepted in full or refuse to accept it in writing.

Who is not entitled to inheritance?

 However, it is not always possible to claim inheritance. There are situations in which this right is lost.

  • Late heirs. One of the most common cases is missing the due date. If the heir has not filed an application for entry into within six months, he loses his inheritance right. The missed six-month period for accepting the inheritance can only be restored by the court if there are good reasons.
  • Unworthy heirs. There are categories of heirs who cannot claim the inheritance either by law or by will. Firstly, these are relatives who deliberately committed unlawful acts against the testator, one of the other heirs, or against the very will of the testator, expressed in the will. This also applies to heirs who are entitled to a compulsory share in the inheritance.

The second category, which is under the ban on receiving, is parents deprived of parental rights and not restored to these rights by the day the inheritance is opened. Children in respect of whom parents were deprived of parental rights by a court decision retain the right to inherit.

Non-payment of alimony

The third category is heirs who are obliged by law to support the testator, but maliciously evaded the fulfillment of these duties. Such evasion may also be non-payment of alimony assigned in favor of the testator, lack of assistance to a partially capable or incapacitated testator from the heir.

For example, if the widow did not visit her husband in the hospital, did not provide proper care (except for reasons beyond the person’s control), then such an heir can be considered unworthy, but with all the necessary evidence. There is no complete list of actions or inactions that indicate a person as an unworthy heir in the Civil Code, the lawyer added.

To prove the inaction of the heir, you need to go to court. The main evidence for declaring an heir unworthy is documents. That contain information about the heir’s malicious and deliberate violation of the law. Witness testimony, photos and videos, and so on can be used here. If it is proved that the heir evaded his obligations, the court removes him. Depending on your circumstances a discretionary trust could be advisable to protect your children’s inheritance.

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