Intestate and Testamentary Succession

Inheritance is a broad and multifaceted legal concept. It addresses important questions such as: Who inherits and protects the property and rights of a deceased person? Who will manage their estate? Who is responsible for their debts and obligations? Inheritance may occur either by law or through a will. Only the testator has the right to alter the legal line of inheritance through a valid will.

If a legal or testamentary right to inherit is lost, the estate is considered ownerless property and is transferred to state ownership.

The following persons are recognized as legal heirs and are entitled to inherit equal shares of the estate:           

• The deceased’s spouse, children (including adopted or posthumously born children), and biological or adoptive parents;           

• Grandparents, siblings, nephews and nieces;           

• Uncles and aunts of the testator may inherit the portion that would have passed to their deceased parent by right of representation;           

• Additionally, an incapacitated person who was under the care of the testator for at least one year before the testator’s death is considered a legal heir and is entitled to inherit equally with other heirs.

  
  

            However, if a will leaves the entire estate to a non-relative or non-legal heir, certain close relatives remain entitled to a reserved portion. These include the testator’s minor or incapacitated children, children born after death, incapacitated spouse, and biological or adoptive parents. These individuals must receive no less than half of the estate portion that would have been legally inherited. When calculating this reserved share, the testator’s portion of any jointly owned or divided property is included. [2]

A will must be in writing and include the place and full date (day, month, year) of execution. It must be notarized. If a notary is not available at the place of execution, the will must be certified by the Governor of the Bag or Soum.

The testator may change or revoke a will at any time. This is done by executing a new will or issuing a written declaration that clearly revokes or amends the prior will. Such documents must also be in writing, include the place and full date, and be certified by a notary—or by the Governor of the Bag or Soum, if a notary is not available. [4]

Legal heirs or named beneficiaries must submit a request for a certificate of inheritance within one year from the opening of the inheritance (typically the date of death). This request should be filed with the notary in the jurisdiction where the inheritance is opened. If there is no notary, the request may be submitted to the Governor of the Bag or Soum. [5]

Inherited property—whether by law or will—may be distributed by mutual agreement among the heirs. If an agreement cannot be reached, the matter may be resolved in court. The law also requires that if an heir is found during the testator’s lifetime or an unborn child is expected, a separate share must be allocated for the unborn child. In such cases, a representative from the guardianship authority must be involved to ensure the unborn heir’s interests are protected.

Source:

[1] Article 520 of the Civil Code, Section 520.1;

[2] Article 522, Section 522.3 of the Civil Code;

[4] Article 525, Sections 525.1, 525.2 of the Civil Code;

[5] Article 531, paragraphs 531.1, 531.2 of the Civil Code;

[6] Article 532 of the Civil Code.

Disclaimer: This legal information and article are intended for general informational purposes only and have been prepared in accordance with the laws in effect at the time of writing. For legal advice, please consult a professional attorney.