Keywords: inheritance, testator, line of heirs by law, Civil Code.
The topic of inheritance is one of the most sensitive notaries in the 21st century. Considering the fact that Uzbekistan has been developing dynamically in recent years. In Uzbekistan, inheritance rights are integrated with international legislation of foreign countries, since inheritance rights are one of the most common grounds for the emergence of citizens' property rights. Inheritance rights in the Republic of Uzbekistan are spelled out in the decision of the plenary session of the Supreme Court on the application by courts of legislation on the right of inheritance, also in the civil code and in the constitution.
Based on these laws, you can resolve conflict situations. Also, these laws provide for the types of inheritance, as well as what is not included in the inheritance and cannot be transferred to other persons. In accordance with Article 1113 of the Civil Code, the inheritance includes movable and immovable property belonging to the testator at the time of the opening of the inheritance, things, all property rights and obligations, the existence of which does not cease with his death, in particular, the right to private property, the right to savings stored in credit institutions, the right of inherited life ownership of a land plot of a dekhkan farm, the right to lease a land plot, etc.
Also, the law provides for the following rights and obligations that cannot be inherited, since they are related to the personality of the testator
– the rights of membership, participation in commercial and other organizations that are legal entities, unless otherwise provided by law or contract
– the right to compensation for harm caused to life or health;
– the rights and obligations arising from the alimony obligations;
– the right to retirement, benefits and other payments based on labor and social security legislation;
– personal non-property rights not related to property rights (chapter eight of the Civil Code of the RUZ)
In turn, in accordance with Article 1112 of the Civil Code, inheritance is carried out by will and law. The heirs can be persons who are alive at the moment of opening the inheritance, as well as the children of the testator, conceived during his life and born alive after the opening of the inheritance. In turn, according to Article 1119 of the Civil Code, the heirs may be unworthy and be removed from the right of inheritance, this can happen if a person deliberately deprived of life or made an attempt on the life of the testator or any of the possible heirs. Also, parents who have been deprived of parental rights and have not been restored to these rights are deprived of their inheritance rights.
Inheritance by will is also one of the most common types of inheritance, in turn it can be conditional, for example with a certain legal condition regarding the nature of the behavior of the heir. The part that remained unwitted is distributed among the heirs in accordance with Articles 1134–1143 of the Civil Code of the Republic of Uzbekistan. There are certain conditions that must be met for the will to come into force, it must be made in writing, indicating the place and time of its preparation and signed personally by the testator. And these are wills that are
b) wills equated to notarized (wills of military personnel, citizens while sailing on ships sailing under the flag of the Republic of Uzbekistan, persons in prison, persons where there are no notaries in their settlements)...
The exceptions are those cases when the testator cannot personally sign the will with his own hand because of his legal capacity. Another type of will in case of incapacity of the testator is also a notarized will, it must be written down from the words of the testator. There is also a secret will when even a notary does not know what is indicated in the will.
A will can be revoked by the testator at any time, without giving any reason. In such a case, the will can be canceled by the complete destruction of all copies of it by the testator or a notary or other officials by written order of the testator. Also, the will is invalidated if it was made in an improper form, in which case the heir who was deprived of inheritance by will receives the right to inherit on a general basis.
According to article 1131 of the Civil Code of the Republic of Uzbekistan, the testator can appoint someone who is not an heir (executor of the will). The consent of this person must be expressed in his own hand either in the will or in the appendix to the will. ak, according to article 1131 of the Civil Code of the Republic of Uzbekistan, the executor of the will must
- To protect and manage the inheritance
- Take all possible measures to notify all heirs and legatees of the opening of the inheritance and of legacies in their favor
- Receive the amount due to the testator
- To issue to the heirs the property due to them in accordance with the will of the testator and the law
- Ensure the execution by the heirs of the testamentary refusals entrusted to them
- Execute testamentary assignments or demand from the heirs by will to execute the testamentary assignment
Also, the executor of the will has the right to enter on his own behalf in court and other cases related to the management of the inheritance and the execution of the will, and may also be involved in such cases.
The executor of the will performs his functions for a period reasonably necessary to release the inheritance from debts, collect the amounts due to the testator and the entry of all heirs into possession of the inheritance. But in any case, this period cannot be more than one year from the date of opening the inheritance
The executor of the will has the right to reimbursement of expenses necessary for the management of the inheritance, also the heirs can demand a report from him
Legally heirs in accordance with the Civil Code of the Republic of Uzbekistan, Chapter 68 are called in order of priority, there are five lines of heirs under the law. Starting with the children of the testator including relatives up to the sixth degree of kinship. Thus, relatives of a closer degree of kinship have a priority right to inheritance over relatives of a more distant degree. In this case, the heirs can refuse the inheritance in favor of other heirs. Next, the order of the line of heirs by law will be viewed.
- First of all, of course, these are the children of the testator (including adopted children), the spouse and his parents (adoptive parents) and even children born after his death are heirs of the first stage
- The second line of heirs is sisters, brothers, as well as grandfather and grandmother, both from the father's side and from the mother's side
- The third order of heirs by law includes the testator's uncles and aunts
- The fourth order includes relatives up to the sixth relationship
- The fifth order includes disabled dependents if they do not inherit on the basis of Article 1141 of the Civil Code
If the heir, who was supposed to accept inheritance by will or law, died after the opening of the inheritance, then according to Articles 1140–1141 of the Civil Code of the Republic of Uzbekistan, then it goes to his heirs by will (inheritance transmission). The right to accept inheritance by way of hereditary transmission is not included in the inheritance opened after the death of such an heir.
The right to accept an inheritance belonging to a deceased heir may be exercised by his heirs on a general basis.
Also, according to Article 1142, there is a right to an obligatory share in the inheritance, so according to this article, minors or disabled children of the testator, including adopted children, as well as his disabled spouse and parents, including adoptive parents, inherit, regardless of the content of the will, at least half of the share, which would have been due to each of them in case of inheritance by law (mandatory share)
The compulsory share includes everything that the heir entitled to such a share receives from the inheritance, it can be property consisting of items of ordinary household furnishings and everyday life, and the value of the legacy established in favor of such an heir
If the heir refuses the inheritance in accordance with Article 1147, the heir at any time from the date of opening the inheritance has the right to refuse it.
Refusal of inheritance is made by personally filing the heir to a notary at the place of opening of the inheritance
Refusal of inheritance through a representative is possible if the power of attorney specifically provides for the authority to such a refusal
In the future, the waiver of the inheritance cannot be canceled or taken back
Also, the heir can refuse in someone's favor and does not have the right to partially refuse the inheritance (this is not allowed by law)
In this case, according to Article 1151 of the Civil Code, the part of the inheritance that would be due to such an heir goes to the heirs under the law called for inheritance, and is distributed among them in proportion to their hereditary shares.
In cases where there is an heir but his whereabouts are unknown, according to article 1151, the remaining heirs must notify him of their intention to divide the inheritance. If, after three months from the moment of such notification, the absent heir does not notify the others of his desire to participate in the agreement on the division of the inheritance, the other heirs have the right to make the division by agreement among themselves, allocating the share due to the absent heir.
If there is an unborn heir, the inheritance can be divided after his birth. After his birth, the inheritance is divided with the allocation of the inheritance share due to him. To protect his interests, a representative of the guardianship and trusteeship body must be invited to participate in the section.
In this picture, you can see the sequence of heirs, in the order of their succession.
After completing all formal procedures, the inheritance acquisition procedure begins. According to article 1146 of the Civil Code, a notary at the place of opening of the inheritance, at the request of the heir, is obliged to issue him a certificate of the right to inheritance. It is issued after six months from the date of opening the inheritance.
In the event that the heirs have not yet been found, but the inheritance needs to be protected in this case, in accordance with Article 1144, the administrator of the inheritance may be appointed by the notary. In the event of the appearance of the heirs, he may be recalled at their request with reimbursement of necessary expenses and payment of reasonable remuneration from the inheritance
Also, in this case, escheated property becomes the property of the citizens' self-government body at the location of the relevant property, and in case of its refusal from the property into the ownership of the state
In cases where the inheritance has no heirs either by law or by will, then according to Article 1157 of the Civil Code it is equated to escheat property, and if the costs associated with the protection of the inheritance exceed its value, it becomes the property of the state