PROBLEM LIMIT TRANSMISSIONS TO HEIRS UNDER THE WILL
Journal: International Scientific Journal "Internauka" (Vol.1, No. 96)Publication Date: 2020-10-31
Authors : Gorlova Svetlana; Grin Eliza;
Page : 72-76
Keywords : hereditary transmission; testator; heir; hereditary mass; hereditary fund;
Abstract
The problem of limiting transmission for heirs by will is currently one of the most relevant. Currently, objects that are transferred in the order of hereditary succession have greatly expanded (if previously a certain value in the transfer of property by inheritance was, for example, a car, a summer residence, a deposit, then at present the objects of inheritance are apartments, residential buildings, land plots, etc.). The issues of inheritance law are gaining in importance and importance. It is a natural desire of any person to transfer or donate your property, which is why inheritance issues are of a practical nature. It is possible to determine the circle of persons who want to bequeath their property by drawing up a will. The testator decides this on his own, without anyone's pressure, at his own will and discretion. In the absence of a will, the inheritance of property occurs according to the law. In the conditions of economic instability of our state, the main task should be to reform the economic framework, because in society there is a constantly growing need to improve the quality of legislative acts and strengthen their role in the implementation and stability of social justice. And the right to inherit, first of all, gives a guarantee for a person to personally dispose of his material wealth in case of death. The article examines some legal constructions that guarantee the transfer of the right to accept inheritance from «failed» heirs to other persons (successors of the heirs). The article also discusses the legislative limitation of transmission for heirs by will. The theoretical and practical aspects of this problem are presented. The author of the article proposes some changes that need to be made to the legislative framework to eliminate some problematic points. In connection with the entry into force from September 1, 2018 of amendments to a number of laws of the Russian Federation, providing for the possibility of creating a hereditary fund after the death of the testator, the article briefly examines a new legal structure for Russia — the inheritance fund and its general characteristics.
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