Who Can Be The Heir?
In the case of intestacy
Persons who were alive at the time of the heir’s death, as well as the heir’s children who were born alive after his death;
In the case of testamentary succession
Persons who were alive at the time of the heir’s death, as well as those who were born in his lifetime and born after his death, regardless of whether they are his children or not, as well as legal entities.
Legal Person as an heir
In case of testamentary inheritance, a legal entity created at the time of opening the estate will be invited to receive the estate.
An unworthy heir
A person may be neither an heir on intestacy nor a testamentary heir if he/she intentionally obstructed the decedent in the exercise of his/her last wish, and by doing so promoted the
invitation of himself/herself of person close to him/her as heirs, or the enlargement of their share in the estate, or if he/she committed a premeditated crime or any other immoral action against the testator’s last wish expressed in the will, provided these circumstances are confirmed by a court (unworthy heir).
Parents who may not be heirs
The parents who are deprived of parental rights and are not reinstated to these rights on the day of opening the estate. The heirs at law cannot also be persons who have abused their duty to keep the heir, if this circumstance is proved by court.
Compulsory share
Regardless of the content of a will, the children, parents and spouse of a testator shall be entitled to compulsory portion that shall be
one half of the portion to which each of the would have been entitled by inheritance on intestacy.
Timeframe for accepting an estate
The estate shall be accepted within six months from the date that estate is opened. An heir may accept the estate in person or
through an agent. The deadline for accepting the estate may be extended by the court if the reasons for the delay are considered valid. After the lapse of the period, the estate shall be accepted without to court, if all the heirs accepting the estate agree.
Form of a Will
The will shall be drawn up in writing. However, a written will with or without a notarized form is allowed. It is also permissible for a notary to write the will in the words of the testator in the presence of two witnesses.
The testator can handwrite the will, sign it and hand over the signed will to the notary (or other relevant official) in a sealed envelope in the presence of three witnesses, which is confirmed by signing the envelope.
