Heritage law

What is the concept of inheritance?

The notion of inheritance is inextricably linked to the determination of one’s own death and that of the deceased’s own property and other material values, including the fate of intellectual property. It is also one of the ways of exercising a person’s right to property.
It should be borne in mind that the death of a citizen is not a ground for considering the deprivation of property of the deceased. The right of ownership of the deceased shall terminate on the grounds of alienation of the property belonging to the deceased in accordance with the procedure prescribed by law.
Article 1184 of the Civil Code is entitled “The notion of inheritance” and provides as follows: “In the case of inheritance, the property (inheritance) of the deceased in the unaltered state, as a whole, passes on to other persons, unless otherwise provided by the rules of this Code.”

What are the key concepts of heritage?

The basic concepts used in the relationship with the inheritance are: “heir”, “inheritance property or an estate of the inheritance”, “will”, “opening of the inheritance”, “acceptance of the inheritance”, “notary”.

Who is the inheritor?

An inheritor is a citizen who is recognized dead or deceased by a court decision, and an inheritance is opened regarding his property. In the sense of the law, only an individual can be a testator. The fate of liquidation, reorganization, registration, etc. of a legal entity is determined by the legal rules governing the activities of legal entities. The fate of liquidation, reorganization, merger and other matters with the property of a legal entity is determined by the legal rules governing the activities of legal entities. Any natural person can be the heir, regardless of age, ability or disability, citizenship, gender, race or social origin.

Who is the heir?

The RA Civil Code defines two types of heirs: heirs by law and heirs by will. The point of such a division is that if the heir did not make a will during his life as to what order he made to dispose of his property after his death, then the question of the dispossession of his property shall be settled by law as the property being given to persons whom the law recognizes as heirs. The heirs of this category are recognized by law as having relations with the deceased (heir).

Who are the heirs by law?

According to Article 1190 of the Civil Code of the Republic of Armenia, by law and testamentary heirs may be citizens born on the day of the opening of the inheritance, as well as citizens born during the inheritance’s lifetime and born after the inheritance was opened.

Who are worthless heirs?

The grounds and conditions for isolating the person from the inheritance, that is, depriving the heir of the right of inheritance are set forth in RA Civil Code. According to Article 1191 of the …
«1. By law and by the will of the heirs, those who are isolated
• have deliberately impeded the heir’s last will;
• deliberately deprived the heir or any of the potential heirs of his life;
• Attempted murder against the heir or one of the possible heirs.
The exceptions are those for whom the heir has made a will after an assassination attempt.

What is to be understood by saying a mass of inheritance?

The mass of the inheritance is all that belonged to the deceased during his lifetime and was preserved after his death. It may be movable or immovable property, money, securities, property rights and liabilities that do not cease to exist with his death and may be transferred to his heirs.

inheritance rights and obligations relating to the heir are not transferred, in particular:
• alimony rights and obligations;
• the right to compensation for damage to the life or health of a citizen;
• personal non-property rights and intangible goods;
• rights and obligations that are not legally permitted by inheritance.

The inheritance includes not only the property considered as the property of the heir but also his property rights and obligations.

How is the ownership of the property confirmed to the heir?

As we know, any right to real estate is subject to state registration. Some types of movable property are also registered and registered in the name of the owner in the manner prescribed by law (for example, motor vehicles, valuable works of art, etc.). There may be a cash register, subscription card, securities and equity accounts in such issuing entities for financial resources.

The reference given by the body registering the property right is the basis for including the property in the inheritance mass.
In the event of a dispute over the ownership of the unregistered movable property, the matter shall be settled in court.
One of the most frequently encountered disputes in practice are disputes over arbitrary structures carried out by the heir, and voluntary occupation of land by the heirs.

What is the place and time of the opening of the inheritance?

By opening an inheritance, one must understand the beginning of the legality of an inheritance, which occurs when certain legal facts exist, such as the death of a citizen or the recognition of him or her dead in court.
The day of death of a citizen is considered to be the opening of the inheritance, and in the case when he / she is recognized dead by judicial procedure, the day of the court verdict becomes legally effective, unless another day is stated in the judgment. From that time on, the heirs have the right to apply to the notary of the place of the opening of the inheritance for the purpose of receiving the inheritance or inheritance certificate.
Applying for a notary to receive the inheritance or to receive an inheritance certificate must be made within six months of the opening of the inheritance.

How is inheritance accepted?

According to Article 1226 of the Civil Code of the Republic of Armenia, the inheritance is accepted by submitting the heir’s application for acceptance of the inheritance or receiving a certificate of inheritance right to the notary of the place of opening of the inheritance. If the heir does not personally submit the application to the notary, the signature of the heir under such application must be certified by the notary or the notary public official.
At the same time, the law allows for the acceptance of inheritance through a representative, provided that the power of attorney specifically provides for the power to accept it.

Who is responsible for keeping the heirs informed about the opening of the inheritance?

Due to the fact that the circumstance of the opening of the inheritance is conditioned by the death of the heir, and his death is first reported by his relatives and close relatives, who then act as heirs, the legislator has no obligation to seek and inform the heirs about the opening of the inheritance. According to the law, the notary informs about the death of the heir according to the law or according to the will of the heir, only the notary receives no preliminary information from the body registering the death of the citizen.
Pursuant to Article 63 of the Law of the Republic of Armenia on Notary Publication, the notary public also discloses the scope of persons having a compulsory share in the inheritance, giving notice of the obligation to conceal the existence of legal heirs according to the will.

How is the inheritance of unpaid salaries, pensions, allowances and compensation of damages made to the heir?

The issue of inheritance of unpaid salaries, pensions, allowances or compensation payments for non-paid citizen’s life during any period of his / her life is regulated by the RA Civil Code by the rules of Article 1249. According to this article, the right to receive the said sums belongs to the family of the deceased, as well as to persons with disabilities under his care.
Requests for payment of such amounts must be filed within six months of the opening of the inheritance.

How is the inheritance of the right to the value of the share capital of an economic partnership or a company and a cooperative?

Article 1248 stipulates that the inheritance of a deceased participant of an economic partnership or company shall include a share in the partnership or the right to value of that participant’s share capital unless otherwise provided by the charter of the partnership or company.
As to the inheritance of the deceased participant’s right to the value of its stake in the cooperative, unless otherwise provided by the charter of the cooperative, its stake shall also be included in the inheritance mass of the deceased participant of the cooperative.

How is the inheritance of property under common ownership is being hold?

The property, as a rule, belongs to only one entity, which at its own discretion carries out the management of the property. However, there are cases where more than one person acts as the property owner. Persons whose ownership of the same property is owned are called co-owners. The property may be owned by more than one person, either by common ownership, or by common co-ownership. In the case of common equity ownership, the co-owners’ shares of the property are already determined.

Do state awards and medals belong to the legacy mass?

The state awards and medals that the heir inherited during his lifetime are not part of the inheritance mass (Civil Code of the Republic of Armenia, Art. 1251). Upon the death of citizens previously awarded state awards, the state awards and orders they receive should be administered in the manner prescribed by the Law of the Republic of Armenia on State Awards. According to Article 17 of the law, in the event of the death of the awarded person, state awards and their certificates may be kept in memory of his heirs or given to the museums with the consent of the latter.

What is the procedure for issuing an inheritance certificate?

In order for the right of ownership of the property belonging to him to be transferred to another person after the death of the heir, the inheritance must first be accepted by the heir. The heir shall apply to the appropriate notary office for acceptance of the inheritance, submitting the required documents. The heir submits an application for acceptance of the inheritance within six months after the opening of the inheritance (Civil Code of the Republic of Armenia, Art. 1227). In order to confirm the acceptance of the inheritance, the notary shall issue a certificate of inheritance to the heir.
In the case of a law or testamentary inheritance certificate, the notary checks the death of the heir, the time and place of inheritance opening, kinship or will, the composition of the inheritance mass, and so on.

What is Heritage Transmission?

It often happens that the person who is the heir dies after the death of the heir, failing to accept the inheritance within the time prescribed by law, or otherwise expresses his will to receive the inheritance, so that he dies as well. In this case an inheritance transmission takes place. Due to the death of the inheritance transmission, the inheritance is the transfer of the right of inheritance to the heirs who did not receive the inheritance by law. In addition, the rules of inheritance transmission apply to both the law and the will of inheritance.

What to do when the debtor dies?

Upon learning of the death of its debtor, the creditor shall have the right to submit his claims in writing to the persons designated by law. The creditors can submit their property claims from the moment of opening the inheritance. The RA Civil Code stipulates that the creditor of the heir has the right to submit their claims within six months after the opening of the inheritance (Art. 1243 Civil Code of the Republic of Armenia). It should be noted that the omission of this term results in the loss of creditors’ rights.

Is it possible to inherit after the deadline has expired?

The law sets a six-month deadline for the acceptance of inheritance, in case of omission the heir is considered not to inherit. However, Article 62 of the Notary Law makes it possible to leave the inheritance within the prescribed period if there is a written consent of all the other heirs who have accepted the inheritance. Such an agreement of the heirs is the basis for the notary to revoke the previous inheritance certificate and to issue a new one.

How is the acceptance of inheritance by minors?

According to Article 24 (1) of the Civil Code of the Republic of Armenia, the ability (civic capacity) of a citizen to acquire and exercise civil rights through his actions, to create and fulfill civil obligations arises from the moment he becomes an adult. According to Article 29 (1) of the RA Civil Code, only parents, adopters or guardians can make transactions on their behalf instead of minors who are 14 years of age.

Can an heir renounce the inheritance?

Within six months of the opening of the inheritance, the heir can not only accept the inheritance and receive the certificate of inheritance in return, but also renounce the inheritance. In expressing his will to renounce the inheritance, the heir must submit a written application to the notary office. The application must be submitted in person, and if not possible, its signature must be approved by a notary or notary public official. The heirs may renounce both the law and the will of the testator.

When is an inheritance performed by law?

By law, inheritance occurs when:
• the heir has not left a will;
• all heirs according to the will have renounced the inheritance;
• the heir of the will died before the heir and there are no designated heirs;
• the will is made in respect of a portion of the property, and the remainder of the will is according to the rules of inheritance by law;
• The will has been declared void in whole or in part.
• The will states to deprive certain heirs of the right to inherit, without mentioning other heirs, who may thereby inherit by law.
Where any of the conditions set forth herein exists, as well as one of the four persons designated by law as one of the persons designated by law, the inheritance of the property shall be effected in accordance with the rules of inheritance by law.

Do the stepchildren of the deceased have the right to inherit?

A stepchild is a person who was born from the previous marriage of a citizen’s husband (wife), who lived together with her, under the same roof, and whose upbringing she was engaged in. The stepchildren do not inherit after the stepfather and stepmother’s death. The stepfather and mother are not legally considered heirs after the death of their stepchildren.

Do adopters have the right to inherit?

Pursuant to Article 126 (1) of the RA Family Code, adopted children and their offspring are adopted by their adoptive parents and their relatives, and their adoptive parents and their offspring are equal in origin to their adopted non-property and proprietary rights and responsibilities. That is to say, after the death of the adoptee, the adoptees are invited as heirs on equal terms with the descendants of the heir.

How is the share of the heirs determined in relation to the inheritance?

In the case of inheritance by law, the heirs called to inheritance have equal shares in respect of the estate. However, the heirs may, by mutual agreement, divide the inheritance property into disproportionate portions. Thus, according to Article 1236 of RA Civil Code, the property that is part of the inheritance and is considered as the common property of two or more heirs can be divided among the heirs by their consent.

What is a will?

A will is a written instruction of a person to transfer property rights and obligations of his / her life and personal non-property rights to others to the extent permitted by law after his / her death, preserved in a form prescribed by law.

What are the types of wills?

The RA Civil Code provides the following types of wills:
1. Ordinary wills,
2. Will on condition
3. A closed will

,How is the preservation of property acquired by the notary?

Pursuant to Article 58 of the Law of the Republic of Armenia on Notary, the notary public at the place of the opening of the inheritance for the protection of the rights of the heirs, beneficiaries and other interested persons shall take the measures required by law to preserve and manage the inheritance.

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