Inheritance lawyers and advocates in Belarus
Why you need a probate lawyer in Belarus
Citizens of Belarus often need the services of a lawyer in inheritance law. In accordance with the Law of the Republic of Belarus “On the Bar in the Republic of Belarus”, lawyers are called upon to provide citizens with qualified legal assistance.
Citizens need a probate lawyer in case of disputes related to the division of hereditary property. So, there are situations when the testator dies, and the heirs cannot peacefully divide the property that they inherited. In such disputes, you can seek legal advice from a lawyer.
The lawyer acts on the basis of a power of attorney issued to him by the citizen whose interests he will represent. Under such a power of attorney, a lawyer has the right to speak in court on behalf of a citizen and protect his interests.
Types and order of inheritance in Belarus
In the Republic of Belarus, inheritance of property is possible by law and by will. These are the two types of inheritance provided for by the Belarusian legislation.
Inheritance by law takes place when there is no will, i.e. the will of the testator on the disposal of property, enshrined in a notarized document. Legal heirs are close and other relatives of the deceased. They inherit property in order of priority.
So, the heirs of the first stage are the spouse, children and parents of the deceased. They are called upon to inherit on a preferential basis, and later the heirs of other orders inherit the property.
Testamentary inheritance occurs when a person disposes of his property during his lifetime. To do this, you need to contact a notary – come to the appointment in person with a passport and, if the citizen has benefits, with a pension certificate or a certificate of a disabled person. The will is written by hand in two copies. Next, the document is checked and certified by a notary.
Inheritance in Belarus is carried out in the following order. Within six months after the death of a citizen, the heirs must submit to the notary an application for entry into the inheritance along with the following documents:
– passport of the heir;
– death certificate of the testator;
– Documents of kinship with the deceased (this may be a birth certificate, marriage certificate, change of surname);
– receipt of payment of the notary fee for filing an application.
After six months from the date of death of the testator, the notary issues to the heir a certificate of the right to inheritance. This certificate is a legal document confirming the right of the heir to receive the property of the deceased. If we are talking about real estate, then a citizen, on the basis of a certificate of inheritance, must apply to the body registering real estate. The heir is issued a certificate of ownership of an apartment, residential building, garden house, land, other real estate.
To register the rights to property in the notary’s bodies, it is necessary to pay a notary fee. To date, the amount of payment for filing an application for entry into the inheritance is 1 (one) basic amount. Taking into account the size of the base value established in Belarus since 2022, filing an application will cost 32 Belarusian rubles. The same amount must be paid subsequently for the issuance of a document on the right to inheritance.
Types of lawsuits in cases of inheritance in Belarus
Claims in cases of inheritance can be divided into several groups. So, statements of claim in the court for inheritance can be as follows:
– Claims for the division of hereditary property;
– Claims in disputes about recognition as heirs;
– Claims for recognition as called to inherit;
– Claims for the allocation of a share in the inheritance;
– claims for deprivation of inheritance rights (including the recognition of an unworthy heir);
– Claims for the restoration of the term for acceptance of the inheritance;
– Claims for the extension of the term for acceptance of the inheritance.
In addition to action proceedings, courts often conduct special proceedings in inheritance cases. So, for example, heirs can apply to the court to establish the fact of kinship.
Terms of acceptance of inheritance in Belarus
Belarus has a six-month period for accepting an inheritance. This means that within six months from the date of death of a person, heirs can apply for registration of their rights to property.
The specified period begins to be calculated on the day of the death of the testator. It turns out that after 6 months from the date of death, the heir is not entitled to formalize his rights to property, except in cases where, for good reasons, this period can be restored.
Missing the deadline for accepting an inheritance
If the heir missed the six-month period for accepting the inheritance, then, as a general rule, he is considered deprived of the right to accept the inheritance property. There are exceptions to this rule.
So, the heir, who at the time of the death of the testator was registered at the place of residence with him, has the right to accept the inheritance for any period. In inheritance law, this is called “actual acceptance of the inheritance.”
If the heir was not registered with the deceased, but missed the 6-month period, then he can apply to the court to restore the missed period for accepting the inheritance. This period is restored by the court if there are good reasons (prolonged illness, helpless state, etc.).
Inheritance by foreign citizens in Belarus
Inheritance by foreign citizens in the Republic of Belarus takes place in a manner similar to inheritance by Belarusian citizens, but with some nuances.
When a foreigner who has the right to receive an inheritance lives in the territory of another country and cannot, for objective reasons, come to Belarus within six months from the date of the death of his relative, he can give a power of attorney to another person to manage his inheritance case.
The foreign heir also has the right to send an application for acceptance of the inheritance to the notary’s office by postal service and telegraph.
Thus, the role of a lawyer in inheritance disputes is quite large, since in these legal relations citizens do not always have legal “savvy”, as well as knowledge of the law necessary to protect their interests.
Our lawyers and advocates have extensive experience in probate cases. In particular, we have extensive experience in resolving disputes related to inheritance by foreign citizens in Belarus. If you have a question on inheritance law, please contact us at: email@example.com