The Civil Code of the Russian Federation(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)
Chapter 61. General Provisions GoverningSuccession
Article 1110. Succession
1. In the case of succession the deceased's estate (inheritance, assets of estate) shall pass to other persons by universal succession, i.e. in an unchanged, single form at the same time, except as otherwise required by the present Code.
2. Succession shall be governed by the present Code and other laws and, in the cases specified by law, by other legal acts.
Article 1111. Grounds for Succession
Succession shall be by will and by operation of law.
Succession by operation of law shall take place when and where it is not changed by a will and also in the other cases established by the present Code.
Article 1112. Deceased's Estate
The deceased's estate shall incorporate the items and other property owned by the deceased as of the date of opening of the inheritance, in particular, rights in rem and liabilities.
Rights and liabilities inseparable from the personality of the deceased, in particular the right to alimony, right to damages for harm inflicted to the citizen's life or health and also rights and liabilities prohibited for succession by the present Code or other laws shall not be included in the estate.
Personal incorporeal rights and other intangible wealth shall not be included in the estate.
Article 1113. The Opening of an Inheritance
An estate shall be opened on the death of a citizen. The announcement of a citizen's death by a court shall cause the same legal consequences as the death of a citizen.
Article 1114. The Time of Opening of an Inheritance
1. The day of the citizen's death shall be deemed the date of opening of the inheritance. In the case of announcement of a citizen's death on the day when the decision of the court whereby the citizen is announced dead becomes final shall be deemed the date of opening of the inheritance and in cases when under Item 3 of Article 45 of the present Code the day of death of the citizen is recognised as the date of the citizen's alleged death - the date of death indicated in the decision of the court.
2. Citizens who die on the same day shall be deemed to have died at the same time for the purposes of hereditary succession, and shall not inherit from each other. In such cases the heirs of each of them shall be called upon to inherit.
Article 1115. The Place of Opening of an Inheritance
The deceased's last abode shall be deemed the place of opening of an inheritance (Article 20).
If the last abode of a deceased person who had property on the territory of the Russian Federation is not known or is located outside of it, the place of opening the estate in the Russian Federation shall be deemed the place where the assets of such an estate are located. If such assets of estate are located in different places, the place where the immovable property of the estate or the most valuable part of the immovable property is located shall be deemed the place of opening of the inheritance, or should there be no immovable property, the place where movable property or the most valuable part thereof is located.
Article 1116. Persons Who Can Be Called Upon to Inherit
1. Those left alive as of the date of opening of the inheritance and also persons conceived during the lifetime of the deceased and born after the opening of the inheritance can be called upon to inherit. In the case of succession by will the legal entities specified in the will and existing as of the date of opening of the inheritance can also be called upon to inherit.
2. In the case of succession by will the Russian Federation, Russian regions, municipal entities, foreign states and international organisations can be called upon to inherit, and in the case of succession by operation of law, the Russian Federation in compliance with Article 1151 of the present Code.
Article 1117. Unworthy Heirs
1. The following shall not be entitled to inherit either by operation of law or by will: citizens who by their deliberate illegal actions directed against the deceased or any of the deceased's heirs or against the exercise of the deceased's last intentions expressed in a will assisted or tried to assist in their being called upon to inherit or other persons' being called upon to inherit or who tried to assist in increasing the share of the estate they or other persons are entitled to, if such circumstances have been proven in court. However, citizens to whom the deceased has bequeathed property after they lost their right to inherit shall be entitled to inherit this property. Parents shall not be entitled to inherit from children in respect of whom parents have been deprived of their parental rights by the court, provided these rights had not been restored as of the date of opening the inheritance.
2. On the application of a person concerned the court shall refuse entitlement to citizens who deliberately and persistently evaded performing their duties of upkeep which the deceased vested in them by law.
3. According to the rules set out in Chapter 60 of the present Code, a person not having a right of inheritance or deprived of a right of inheritance under the present article (unworthy heir) shall return all property received without grounds from the estate.
4. The regulations of the present article shall extend to heirs entitled to a compulsory share in the estate.
5. The regulations of the present article shall accordingly extend to the testamentary trust (Article 1137). If the subject matter of a testamentary trust was the performance of certain work for or the provision of a certain service to an unworthy beneficiary, the beneficiary shall reimburse the heir who has discharged the trust for the value of the work or service performed for the unworthy beneficiary.
Copyright © 2000 Open LLC