At first glance, the procedure for accepting an inheritance is simple, but it hides many pitfalls. Usually, inheritance is an eternal and never-ending struggle for division into "Yours" and "Ours". And only by knowing certain legal norms regarding inheritance, you can avoid misunderstandings between heirs.
In addition, in practice, when accepting an inheritance, the heirs do everything to get more or even everything. There are also cases when some heirs claim inheritance, in particular, because they are heirs of the first rank and have joint registration of the place of residence with the testator. And others believe that they have the right to the majority share of the inheritance, because during the testator's lifetime they were the ones who took an interest in his life and health, provided him with material, moral and physical support. In such a case, the latter should apply to the court with a claim to reduce the size of the mandatory share of the other heirs in the inheritance.
However, we draw your attention to the fact that when claiming a reduction in the size of the mandatory share, it is necessary to prove to the court and confirm with proper and admissible evidence the grounds for such a reduction, for example, prepare witness statements, proof of payment of utility, medical and other services, etc.
Also, it should be emphasized that in specific legal relationships, joint registration of the place of residence in itself is not indisputable evidence of permanent residence at the time of the testator's death at the address of registration, because the current legislation requires the actual residence of the heir together with the testator at the time of the opening of the inheritance, which is a distinct one from one
Taking into account the above, in order to obtain a positive court decision, it is necessary to collect a large evidence base.
So that you don't waste your time searching for and gathering the necessary evidence and forming an appropriate legal position, highly qualified legal specialists from the Dynasty Law & Investment company will help you solve this issue and ensure proper protection of your interests in court.
Violetta Fedorko, lawyer at Dynasty Law & Investment
