Chapter 62. Inheritance by will.
Article 1118. General Provisions.
1. Dispose of property in case of death is possible only by making a will.
2. A will may be made by a citizen who possesses full legal capacity at the time of his making.
3. The will must be made in person. Making a will through a representative is not allowed.
4. A will may contain orders of only one citizen. Making a will by two or more citizens is not allowed.
5. A will is a one-sided transaction that creates rights and obligations after the opening of the inheritance.
Article 1119. Freedom of the will.
1. The testator may, at his own discretion, bequeath the property to any person, determine in any way the shares of heirs in the inheritance, deprive the inheritance of one, several or all heirs by law, without specifying the reasons for such deprivation, and also include in the will other orders stipulated by the rules of this Code inherit, cancel or modify a perfect will.
Freedom of a will is limited by the rules on compulsory inheritance (article 1149).
2. The testator is not obliged to inform anyone about the content, commission, change or cancellation of the will.
Article 1120. The right to bequeath any property.
The testator has the right to make a will containing an order for any property, including that which he may acquire in the future.
The testator may dispose of his property or any part of it, making one or more wills.
Article 1121. The purpose and purpose of the heir in the will.
1. The testator may make a will in favor of one or several persons (Article 1116), both incoming and out of the circle of heirs by law.
2. The testator may indicate in the will of another heir (to assign the heir) in case the heir or the testator’s heir appointed by him in the will dies before the inheritance is opened, either simultaneously with the testator or after the inheritance is opened, without having accepted inheritance for other reasons, or refuse it, or will not have the right to inherit or will be removed from inheritance as unworthy.
Article 1122. Shares of heirs in bequest property.
1. The property bequeathed to two or more heirs without specifying their shares in the inheritance and without specifying which property or rights to be included in the inheritance shall be considered to be bequired heirs in equal shares.
2. An indication in the will of a part of an indivisible thing (Article 133) intended for each of the heirs in kind shall not entail the invalidity of the will. Such a thing is considered to be bequeathed in shares, corresponding to the value of these parts. The procedure for the use by the heirs of this indivisible thing is established in accordance with the parts of the thing intended by him in the will.
In the certificate of the right to inheritance in respect of an indivisible thing, bequeathed in parts in kind, the shares of heirs and the procedure for using such a thing with the consent of the heirs are indicated in accordance with this article. In the event of a dispute between the heirs of their share and the procedure for using an indivisible thing determined by the court.
Article 1123. Mystery of the will.
A notary, another certifying person, translator, executor of the will, witnesses, and also a citizen signing the will instead of the testator may not disclose information concerning the content of the will, its modification or revocation before the opening of the inheritance.
In case of violation of the secret of the will, the testator has the right to demand compensation for non-pecuniary damage, as well as use other methods of protection of civil rights provided for by this Code.
Article 1124. General rules concerning the form and procedure for making a will.
1. A will must be made in writing and certified by a notary. Certification of a will by other persons is allowed in the cases provided for by paragraph 7 of article 1125, article 1127 and paragraph 2 of article 1128 of this Code.
Failure to comply with the rules established by this Code on the written form of the will and its certificate entails the invalidity of the will.
The drawing up of a will in written form is allowed only as an exception in the cases provided for by Article 1129 of this Code.
2. In the case when, in accordance with the rules of this Code, when drawing up, signing, certifying a will or when transferring a will to a notary, there are witnesses, they cannot be such witnesses and cannot sign a will instead of a testator:
a notary or other certifying person;
the person in whose favor a will is drawn up or a testamentary waiver is made, the spouse of such person, his children and parents;
citizens who do not have full legal capacity;
citizens with physical disabilities that clearly do not allow them to fully understand the essence of what is happening;
persons who do not sufficiently speak the language in which the will is made, except for the case when a closed will is made.
3. In the case when, in accordance with the rules of this Code, when a will is drawn up, signed, certifying, or when a witness is handed over to a notary, the presence of a witness is mandatory, the absence of a witness during these actions entails the invalidity of the will, and the witness’s failure to meet the requirements specified in paragraph 2 of this article may be grounds for recognition of the will invalid.
4. The will shall indicate the place and date of its certification, with the exception of the case provided for in Article 1126 of this Code.
Article 1125. Notarized testament.
1. A notarized will must be written by the testator or recorded by his notary. When writing or writing a will, technical means (electronic computer, typewriter and others) can be used.
2. A will written by a notary from the words of the testator must be completely read by the testator in the presence of a notary before his signing. If the testator is not able to personally read the will, his text shall be announced to him by the notary, which the corresponding inscription is made on the will indicating the reasons why the testator could not personally read the will.
3. The will must be personally signed by the testator.
If a testator due to physical disability, serious illness or illiteracy cannot personally sign a will, at his request, it may be signed by another citizen in the presence of a notary. The will must indicate the reasons why the testator could not sign the will himself, as well as the name, first name, middle name and place of residence of the citizen who signed the will at the testator’s request, in accordance with the identity document of the citizen.
4. In the preparation and notarization of the will at the request of the testator, a witness may be present.
If a will is drawn up and certified in the presence of a witness, it must be signed by him and the last name, first name, middle name and place of residence of the witness must be indicated on the will in accordance with the document certifying his identity.
5. The notary is obliged to warn the witness, as well as the citizen signing the will instead of the testator, of the need to keep the testament secret (article 1123).
6. When certifying a will, the notary must explain to the testator the content of article 1149 of this Code and make the appropriate inscription about it in the will.
7. In the case when the right to perform notarial actions is granted by law to officials of local governments and officials of consular offices of the Russian Federation, a will can be certified instead of a notary by a relevant official in compliance with the rules of this Code on the form of the will, the order of its notarization and secret of the will .
Article 1126. Closed will.
1. The testator has the right to make a will without giving other persons, including the notary, the opportunity to familiarize themselves with its content (closed will).
2. The closed will shall be personally written and signed by the testator. Failure to comply with these rules entails the invalidity of the will.
3. The closed will in the sealed envelope is transferred by the testator to the notary in the presence of two witnesses who put their signatures on the envelope. An envelope signed by witnesses is sealed in their presence by a notary in another envelope in which the notary makes an inscription containing information about the testator from whom the closed will was accepted by the notary, the place and date of adoption, the name, patronymic and residence of each witness in accordance with an identity document.
When accepting an envelope with a closed will from the testator, the notary must explain to the testator the content of paragraph 2 of this article and article 1149 of this Code and write the corresponding inscription on the second envelope, as well as issue a document confirming the acceptance of the closed will to the testator.
4. Upon submission of the death certificate of the person who made the closed will, the notary no later than fifteen days from the date of presentation of the certificate opens the envelope with the will in the presence of at least two witnesses and who wish to attend the interested persons from among the heirs by law. After opening the envelope, the text of the will contained in it is immediately announced by the notary, after which the notary draws up and together with the witnesses signs a protocol certifying the opening of the envelope with the will and containing the full text of the will. The original will is kept by the notary. Heirs issued a notarized copy of the protocol.
Article 1127. Wills, equated to notarially certified wills.
1. Equated to notarized wills:
1) wills of citizens who are treated in hospitals, hospitals, other inpatient medical institutions or living in nursing homes for the elderly and disabled, certified by the chief doctors, their medical assistants or the doctors on duty of these hospitals, hospitals and other inpatient medical institutions, as well as heads of hospitals, directors or chief physicians of homes for the elderly and disabled;
2) wills of citizens who are sailing on ships sailing the State flag of the Russian Federation, certified by the captains of these vessels;
3) wills of citizens who are in exploration, arctic or other similar expeditions, certified by the heads of these expeditions;
4) the wills of military personnel, and at the points of deployment of military units where there are no notaries, also testaments of civilians working in these parts, members of their families and members of families of military personnel certified by the commanders of military units;
5) wills of citizens who are in places of deprivation of liberty, certified by the heads of places of deprivation of liberty.
2. A will equated to a notarially certified will shall be signed by the testator in the presence of the person certifying the will and the witness also signing the will.
For the rest, the rules of Articles 1124 and 1125 of this Code, respectively, apply to such a will.
3. A will certified in accordance with this article should, as soon as possible, be sent by the person who certified the will through the judicial authorities to the notary at the place of residence of the testator. If the person certifying the will knows the place of residence of the testator, the will is sent directly to the relevant notary.
4. If in any of the cases provided for by paragraph 1 of this article, a citizen intending to make a will, expresses a desire to invite for this notary and there is a reasonable opportunity to fulfill this desire, persons who, in accordance with this paragraph, are entitled to certify the will, are obliged take all measures for inviting the testator to the notary.
Article 1128. Testamentary dispositions of cash rights in banks.
1. The rights to funds deposited by a citizen or deposited on any other citizen account with a bank may be at the discretion of the citizen bequeath either in the manner provided for in Articles 1124 - 1127 of this Code, or by making a will in writing in that branch the bank in which this account is located. With respect to funds held in the account, such a testamentary disposition has the power of a notarized will.
2. A testamentary disposition of cash rights in a bank must be personally signed by the testator with the date of its compilation and certified by an employee of the bank who has the right to accept customer orders for execution of funds in his account. The procedure for making testamentary dispositions in cash at banks is determined by the Government of the Russian Federation.
3. Rights to monetary funds in respect of which a testamentary disposition was made at the bank are included in the inheritance structure and are inherited on a general basis in accordance with the rules of this Code. These funds are issued to heirs on the basis of the certificate of the right to inheritance and in accordance with it, with the exception of cases provided for by paragraph 3 of Article 1174 of this Code.
4. The rules of this Article shall apply respectively to other credit organizations that are granted the right to attract deposits from citizens or other accounts.
Article 1129. Emergency Testament.
1. A citizen who is in a position that clearly threatens his life and, due to the prevailing extraordinary circumstances, is deprived of the opportunity to make a will in accordance with the rules of Articles 1124-1128 of this Code, may state his last will regarding his property in simple written form.
The statement of the citizen of the last will in simple written form is recognized by his will, if the testator in the presence of two witnesses personally wrote and signed a document, from which it follows that he is a will.
2. A will made in the circumstances specified in the first paragraph of clause 1 of this article shall become invalid if the testator does not use the opportunity to make the will in any other form provided for in Articles 1124-1128 of this Code within a month after the termination of these circumstances.
3. A will made in extraordinary circumstances in accordance with this article shall be executed only if the court confirms, at the request of interested persons, the fact of the making of the will in extraordinary circumstances. This requirement must be stated before the expiration of the period established for the acceptance of the inheritance.
Article 1130. Cancellation and modification of a will.
1. The testator has the right to cancel or change the will made by him at any time after its making, without specifying the reasons for its cancellation or change.
To revoke or change a will, no one’s consent is required, including those appointed by the heirs in the testament to be canceled or changed.
2. The testator may, by means of a new will, cancel the previous will as a whole or change it by canceling or changing certain testamentary orders contained in it.
A subsequent will, which does not contain direct instructions to revoke a previous will or individual testamentary orders contained in it, cancels this previous will in whole or in part, in which it contradicts the subsequent will.
A will, canceled in whole or in part by a subsequent will, shall not be restored if the subsequent will is canceled by the testator in full or in a relevant part.
3. In case of invalidity of the subsequent will, the inheritance is carried out in accordance with the previous will.
4. A will may also be revoked through an order to revoke it. An order to revoke a will must be made in the form prescribed by this Code for making a will. The rules on clause 3 of this article shall be applied accordingly to the order on cancellation of the will.
5. A will made in extraordinary circumstances (Article 1129) can be canceled or changed only by the same will.
6. A testamentary disposition in a bank (Article 1128) may be canceled or changed only by testamentary disposition of cash rights in the relevant bank.
Article 1131. Invalidity of the will.
1. In case of violation of the provisions of this Code, entailing invalidity of the will, depending on the grounds of invalidity, the will is invalid due to its recognition as such by the court (viable testament) or regardless of such recognition (insignificant testament).
2. A will may be declared invalid by a court at the request of a person whose rights or legitimate interests are violated by this will.
Disputement of the will before the opening of the inheritance is not allowed.
3. Cannot serve as a basis for invalidity of the will of the clerical or other minor violations of the procedure for its preparation, signing or certification if the court determines that they do not affect the understanding of the will of the testator.
4. Both the will as a whole and the individual testamentary dispositions contained in it may be invalid. The invalidity of individual orders contained in a will does not affect the rest of the will, if it can be assumed that it would have been included in the will and in the absence of orders that are invalid.
5. The invalidity of a will does not deprive the persons specified in it as heirs or legatees, the right to inherit by law or on the basis of another, valid, will.
Article 1132. Interpretation of the will.
When interpreting a will by a notary, a testament executor or a court, the literal meaning of the words and expressions contained in it is taken into account.
In the case of the ambiguity of the literal meaning of any provision of the will, it is established by comparing this provision with other provisions and the meaning of the will as a whole. In this case the fullest implementation of the will of the testator must be ensured.
Article 1133. Execution of the will.
The execution of a will is carried out by the heirs of the will, unless it is executed in full or in a particular part by the executor of the will (article 1134).
Article 1134. Executor of the will.
1. The testator may entrust the execution of a will to a citizen - executor (will executor) specified by him in the will regardless of whether this citizen is the heir.
The consent of the citizen to be the executor of the will is expressed by this citizen in his handwritten inscription on the will itself, or in a statement attached to the will, or in a statement filed to the notary within one month from the date of opening the inheritance.
A citizen is also recognized to have given his consent to be the executor of the will if he, in the course of one month from the date of the opening of the inheritance, actually proceeded to execute the will.
2. After the opening of the inheritance, the court may release the executor of the will from his duties both at the request of the executor of the will and at the request of the heirs in the presence of circumstances preventing the performance of these duties by the citizen.
Article 1135. Powers of the executor of the will.
1. The powers of the executor of the will are based on the will, by which he is appointed the executor, and are certified by a certificate issued by a notary.
2. Unless otherwise provided in the will, the executor of the will shall take the measures necessary for the execution of the will, including:
1) to ensure the transfer to the heirs of the inherited property due to them in accordance with the will of the testator and the law expressed in the will;
2) take measures independently or through a notary to protect and manage the inheritance in the interests of the heirs;
3) to receive money and other property due to the testator for transfer to their heirs if this property is not subject to transfer to other persons (paragraph 1 of Article 1183);
4) to execute a testamentary charge or to demand from the heirs the performance of a testamentary refusal (Article 1137) or a testamentary charge (Article 1139).
3. The executor of the will shall have the right, on his own behalf, to conduct cases related to the execution of the will, including in court, other state bodies and state institutions.
Article 1136. Reimbursement of expenses related to the execution of a will.
The executor of the will has the right to reimbursement at the expense of the inheritance of the necessary expenses associated with the execution of the will, as well as to receive in excess of the expenses the remuneration at the expense of the inheritance, if this is provided for by the will.
Article 1137. Testamentary refusal.
1. The testator has the right to impose on one or several heirs under a will or under the law the execution at the expense of the inheritance of a property obligation in favor of one or several persons (the beneficiaries) who acquire the right to demand the performance of this obligation (testamentary refusal).
A testamentary waiver must be established in the will.
The content of the will may be exhausted by a testamentary refusal.
2. The subject of a testamentary refusal may be the transfer to the legatee of ownership, possession on another property right or in the use of a thing belonging to the inheritance, the transfer to the legatee of the property right included in the inheritance, the acquisition for the defendant and the transfer of other property to it, work or the provision of a certain service to him or the performance in favor of the legatee of periodic payments and the like.
In particular, the testator may impose on the heir, to whom a dwelling house, apartment or other dwelling place, gives another person the right to use this room or a certain part of it for another person.
In the subsequent transfer of ownership of the property, which was part of the inheritance, to another person, the right to use this property, granted under a testamentary refusal, remains valid.
3. The provisions of this Code on obligations apply to relations between the beneficiary (creditor) and the heir to whom the testamentary refusal (debtor) is assigned, unless otherwise specified in the rules of this section and the substance of the testamentary refusal.
4. The right to receive a testamentary refusal is valid for three years from the date of opening the inheritance and does not transfer to other persons. However, a legatee in the will may be assigned another legatee in case the legatee appointed in the will dies before the opening of the inheritance or at the same time with the testator, or refuses to accept the testamentary refusal or does not use his right to receive the testamentary refusal in accordance with the rules of paragraph 5 of Article 1117 of this Code.
Article 1138. Execution of a testamentary refusal.
1. The heir, to whom the testator entrusted the testamentary refusal, shall execute it within the limits of the value of the inheritance transferred to him minus the testator’s debts.
If the heir, to whom the testamentary refusal is entrusted, has the right to an obligatory share in the inheritance, his duty to execute the refusal is limited to the value of the inheritance transferred to him, which exceeds the amount of his obligatory share.
2. If a testamentary waiver is imposed on several heirs, such a waiver burdens the right of each of them to the inheritance in proportion to his share in the inheritance insofar as the testament does not provide otherwise.
3. If the legatee died before the opening of the inheritance or simultaneously with the testator, either refused to receive the testamentary refusal (Article 1160) or did not use his right to receive the testamentary refusal within three years from the date of opening the inheritance, or lost the right to receive the testamentary refusal in accordance with with the rules of Article 1117 of this Code, the heir, who is obliged to fulfill the testamentary refusal, shall be exempted from this obligation, except for the case when the other legacy has been assigned to the beneficiary tel.
Article 1139. Testamentary Laying.
1. A testator may, in a will, impose on one or several heirs under a will or by law the obligation to perform an action of a material or non-property nature, aimed at the realization of a generally useful purpose (testamentary assignment). The same obligation may be imposed on the executor of the will, provided that a part of the inheritance property is allocated in the will for execution of the testamentary charge.
The testator also has the right to impose on one or several heirs the obligation to keep pets belonging to the testator, as well as to exercise the necessary supervision and care for them.
2. To the testamentary charge, the subject of which are actions of a property nature, the rules of Article 1138 of this Code are applied accordingly.
3. Interested persons, the executor of the will and any of the heirs shall have the right to demand the execution of the testamentary charge in a court of law, unless otherwise provided for by the will.
Article 1140. Transfer to other heirs of the obligation to execute a testamentary refusal or testamentary charge.
If, due to circumstances stipulated by this Code, the portion of the inheritance due to the heir, who was obliged to execute a testamentary refusal or testamentary assignment, shall be transferred to other heirs, the latter, insofar as the testament or the law does not follow otherwise; laying on
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