What to do if the testator died abroad
Posted: Mon Feb 17, 2025 3:39 am
The notary will not be able to request information if the testator's death occurred abroad. In such a case, the heirs will have to provide the notary with documents confirming the fact of state registration of the testator's death, drawn up abroad with the participation of officials of the competent authorities of foreign states.
What might change for the heirs of SVO participants
Photo - © Telegram channel of the Russian Ministry of Defense
The State Duma has prepared a bill designed to simplify the registration of inheritance for relatives of deceased SVO participants. The document has already been supported by the Council under the President of the Russian Federation for the Codification and Improvement of Civil Legislation. Now it must be adopted by the Federation Council and signed by the president.
It is proposed to make changes to Law No. 147-FZ of hong kong mobile database November 26, 2001 "On the Entry into Force of Part Three of the Civil Code of the Russian Federation". And it will affect participants in a special military operation in the territories of Ukraine, the DPR, LPR, Zaporizhzhya and Kherson regions or during an armed provocation on the state border of the Russian Federation and border territories of regions adjacent to the areas where the SVO is being conducted.
Today, according to the rules of entering into inheritance, this can be done within six months from the date of death of the testator. However, in the case of SVO participants, everything happens differently - sometimes the death of a serviceman becomes known after a long time. And this can lead to missing the deadline for accepting the inheritance. Relatives have to restore their rights through the court, spending time and money.
Deputies proposed allowing relatives of SVO participants to accept inheritance under a simplified procedure and consider the date of opening of the inheritance not the actual date of death of the testator, but the moment of receiving documents on the death of the serviceman. Thus, the terms of entering into inheritance for relatives of SVO participants are extended and do not require going to court.
In situations where the inheritance was accepted by at least one of the heirs within the standard period, the procedure will remain the same. The other heir will have to go to court to restore the period, and notaries will have to notify all heirs known to them that the inheritance has been opened.
In addition, Human Rights Commissioner Tatyana Moskalkova suggested considering the possibility of legislatively enshrining the oral form of a will in Russia . This could also be applicable to participants in a special military operation.
“Please take a look, maybe this is of interest, especially for those guys who were captured, and we have the opportunity to communicate with them via video conference and receive some parting words from them for their relatives,” Moskalkova said at the round table “The Russian Notary Service in the Service of the Fatherland” in the Public Chamber.
What might change for the heirs of SVO participants
Photo - © Telegram channel of the Russian Ministry of Defense
The State Duma has prepared a bill designed to simplify the registration of inheritance for relatives of deceased SVO participants. The document has already been supported by the Council under the President of the Russian Federation for the Codification and Improvement of Civil Legislation. Now it must be adopted by the Federation Council and signed by the president.
It is proposed to make changes to Law No. 147-FZ of hong kong mobile database November 26, 2001 "On the Entry into Force of Part Three of the Civil Code of the Russian Federation". And it will affect participants in a special military operation in the territories of Ukraine, the DPR, LPR, Zaporizhzhya and Kherson regions or during an armed provocation on the state border of the Russian Federation and border territories of regions adjacent to the areas where the SVO is being conducted.
Today, according to the rules of entering into inheritance, this can be done within six months from the date of death of the testator. However, in the case of SVO participants, everything happens differently - sometimes the death of a serviceman becomes known after a long time. And this can lead to missing the deadline for accepting the inheritance. Relatives have to restore their rights through the court, spending time and money.
Deputies proposed allowing relatives of SVO participants to accept inheritance under a simplified procedure and consider the date of opening of the inheritance not the actual date of death of the testator, but the moment of receiving documents on the death of the serviceman. Thus, the terms of entering into inheritance for relatives of SVO participants are extended and do not require going to court.
In situations where the inheritance was accepted by at least one of the heirs within the standard period, the procedure will remain the same. The other heir will have to go to court to restore the period, and notaries will have to notify all heirs known to them that the inheritance has been opened.
In addition, Human Rights Commissioner Tatyana Moskalkova suggested considering the possibility of legislatively enshrining the oral form of a will in Russia . This could also be applicable to participants in a special military operation.
“Please take a look, maybe this is of interest, especially for those guys who were captured, and we have the opportunity to communicate with them via video conference and receive some parting words from them for their relatives,” Moskalkova said at the round table “The Russian Notary Service in the Service of the Fatherland” in the Public Chamber.