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Farmland, inheritance, inheritance, turn of heirs, testament

Content

Introduction

The problems of inheritance of personal plots have always aroused the keenest interest, which is caused by the enduring value and significance of the land as an object of civil turnover.

Currently, the countries of the post-Soviet space are constantly improving legislation on the types of inheritance of land and real estate. Therefore, research on the topic of inheritance can be considered relevant.

Relevance

Inheritance of household plots must meet the requirements of civil law and take into account the provisions of land law, which establishes the characteristics of the turnover of land. These features include:

- special restrictions of real rights, the object of which can be exclusively the infield;

- legalization of the principle of a single fate when inheriting a backyard plot and objects located on it;

- the existence of legal presumptions of the priority of inheritance of the indivisible infield;

- the presence of special, inheriting powers to acquire a personal plot, which the testator had but did not realize by him, and others.

The object of the study is social relations in the field of inheritance of personal plots.

Goal and Objectives

The purpose of the work & ndash; to make proposals for improving the legislation in the field of inheritance of household plots.

The implementation of this goal required the solution of such problems:

- to analyze the legislation in the field of regulation of inheritance of the infield;

- analyze the problems of inheritance of household plots in some foreign countries.

1. Analysis of the experience of developed countries in the formation of the principles of inheritance of household plots

1.1 Russian Federation

The owner of the garden can change not only after its sale. In life it often happens that property lives longer than its owners, and heirs are to take care of the fate of this property (Fig. 1). Such property can be called & ndash; personal plot. [3].

      
Forms of acceptance of inheritance

Figure 1 & ndash; Types of inheritance acceptance

Usually, the heirs simply continue to use the inherited infield and do not attach importance to the design of rights. But if there is no problem with the further alienation of property that does not need registration, then heirs who have not taken care of the rights to immovable property that require state registration may have problems in the future [5]..

            

When inheriting a backyard plot, it is necessary to establish on what basis a citizen inherits (Fig. 2) [15].

Plot Inheritance

Figure 2 & ndash; Plot inheritance

        

The first step in the design of a household by inheritance will be the opening of the hereditary case. Submitting the application to the notary in the place of residence of the testator [1].

       

Acceptance of inheritance is possible through a representative, if the latter has powers in the power of attorney to accept the inheritance. It is recognized that the heir accepted the inheritance if he performs actions that indicate the actual acceptance of the inheritance (Fig. 3).

Plot Inheritance

Figure 3 & ndash; Ways to accept inheritance

      

Inheritance is accepted within six months of the opening of the inheritance.

      

1.2 Republic of Belarus

      In the absence of a will or its invalidity, the inheritance by law in the Republic of Belarus is carried out in accordance with the Civil Code (Civil Code of the Republic of Belarus), which regulates all cases of inheritance, as well as the ability to transfer the inheritance. The entire process of inheritance must be carried out according to the law, while taking into account all the clauses and rules of inheritance [2].

      

The one who is the heir of the first stage has priority in inheritance on related rights, while the heirs of one line receive property in equal shares, unless otherwise specified. The basis of separation on the queue is the number of births that are separated by relatives [14].

      

The main range of issues that make up the content of the problem non-sinusoidality, comes down to the following:

      

If the will is canceled and loses legal force. That is, the invalidity will be proved, then the inheritance becomes legislative, that is, all the heirs will receive a share of the inheritance, in accordance with the law. The inheritance in the will can also be waived for the first six months, while it will not be important whether he accepted the inheritance, that is, he either agreed or not (Fig. 4).

Cases when it is impossible to refuse in favor of the third faces

Figure 4 – Cases where it is impossible to refuse in favor of the third faces

Refuse any part of the property or the conditions impossible. Partial refusal is regulated by the Civil Code of the Republic of Belarus only if the heir is entitled to a share of the property both according to the will and by law. In this case, the heir has the full right to abandon one of the two types of inheritance [10].

In accordance with the law, there are several features for inheritance (Fig. 5).

Features inheritance by law

Figure 5 – Features inheritance by law

1.3 Ukraine

Persons who become heirs by law or by will, acquire ownership of the garden only by virtue of accepting the inheritance. Therefore, it cannot be assumed that the basis for the emergence of the right of ownership to the personal plot that remained after the deceased citizen is a will or inheritance by law. Until such time as the heir has not expressed the will to accept the inheritance, he does not become the legal successor [7].

      

The Civil Code also determines the order of inheritance of personal plots. A citizen who is defined as the heir of another citizen-owner of a personal plot must receive a certificate of inheritance right from a notary office. After that, he must submit to the appropriate authority at the location of the backyard plot an application for the issuance of a certificate of ownership [13].

      

If, after the death of a citizen-owner of a personal plot, he has no heirs left, he becomes the property of the state. The decision on the transfer of ownership is made by the district state administration on the basis of evidence and death and documents confirming the absence of heirs (Fig. 6).

      
Procedure for accepting inheritance

Figure 6 – Inheritance Procedure

The sequence of actions of the heirs in the registration of the inheritance on the plot of land (Fig. 7).

Sequence of actions at registration of inheritance

Figure 7 – Sequence of actions at registration of inheritance

     

The certificate of the right to inheritance must be registered in the registry of real rights – Ukrainian State Register After registration of the Certificate, the heir has a legal opportunity to dispose of the inherited property – sell, donate, exchange [9].

    

1.4 United Kingdom

The inheritance law of Great Britain is to some extent different from the inheritance law of the European continental countries (Fig. 8).

   
Inheritance in the UK

Figure 8 – UK inheritance

       

From the standpoint of English law, a will appears to be a one-sided transaction that reflects the will of the testator over how to dispose of his property in the event of his death. A will may be canceled by the testator at any time during his lifetime [4].

      

With regard to the form of the will, it must be made in writing and make sure not less than two witnesses. In case of non-compliance with the form, the will is considered invalid.

      

But, the written form does not mean that the text of the will was written by the testator. Any person can write it, it can also be typewritten [ 12 ].

English freedom testament compared to, for example, from Russia, can be considered more free. Thus, in the law of succession of England and the practice of courts there are no concepts of reserve and compulsory share, although there is some protection for the family members of the deceased.

Acting as a personal representative can not one person, but several. Their number is determined either in the will or by the court. The hereditary mass passes to the representative from the moment of his appointment, he manages it as a trustee (Fig. 9).

Authority of a Personal Representative

Figure 9 – Powers of Personal Representative

As can be seen, the statutory procedure for inheritance, as well as inheritance by will in the UK is significantly different from that adopted in our country. This is explained by the historically developed legal systems of our states [8].

      

1.5 Germany

In the German hereditary land law, the principle is widespread that a testator does not have the right to arbitrarily bequeath his own land property, and it usually has to go only to one of the heirs, and all others must receive appropriate monetary or property compensation. This principle is clearly observed in the legislation of the northern, Protestant lands of Germany. Here, after a certain fact of the death of the testator, the private plot comes to only one of the heirs, usually either the eldest in the family, or at the highest level associated with housekeeping. In the event of a dispute, such an heir shall be determined by the court. By law, this person is required to have proper qualifications, work experience and the likelihood of efficiently managing the farm [3]

German civil code is to a large extent based on Roman law. Civil Code of 1896 became the first in the history of Germany, a single codification of civil law for the whole country. The code is built on the so-called pandect system. In accordance with it, the norms common to all institutions are contained in the general part (first book). In addition, the code contains four more books: the second is devoted to a binding relationship, the third one is Property Law, Fourth – family and fifth – inheritance law (Fig. 10) [11].

Foundations of inheritance in Germany

Figure 10 – Grounds for inheritance in Germany

A will, like every deal, must meet the requirements specified in the law. The validity of the will may be challenged at the suit of the person whose interests were violated, but not earlier than the opening of the inheritance (Fig. 11).

Testament Form

Figure 11 – Testament form

After the death of one spouse, his obligations become possible to be announced, while the obligations of the other spouse, in his own personal interests, as well as in order to observe the principle of non-disclosure, not only cannot be announced, but even brought to the attention of those who is the number of heirs [6].

Conclusion

In general, the legal regulation of the procedure for inheritance of household plots is very heterogeneous. General provisions on inheritance only lay the foundations of the hereditary process. In turn, civil and land legislation provided land users with special rules on the inheritance of personal plots, which are concentrated in laws and determine particular cases of inheritance of personal plots with regard to the inheritance of personal plots.

The result of the study were the following conclusions:

1. In case of inheritance, the estate of the deceased passes to other persons in the order of universal succession, i.e. unchanged as a whole and at the same moment, if the GCU rules do not follow another. The current concept of inheritance is revealed through the definition of the composition of the inheritance, i.e. what is included and what is not included in the inheritance, which is possible and impossible to get by inheritance.

2. The opening of the inheritance occurs in the case of the death of a citizen, as well as in the case of declaring him dead. A citizen is declared dead by the rules of the Civil Code. A citizen may be declared dead by the court, if the place of his residence does not contain information about his place of residence for 5 years, and if he went missing in circumstances that threatened with death or giving grounds to assume his death from a conditioned accident, for 6 months .

3. The adoption of measures to protect the hereditary property is one of the important notarial actions that guarantee the protection of property interests of citizens and the country. The current legislation does not contain an exhaustive list of measures that can be taken by authorized persons in order to protect and manage inherited property.

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