Is the illegitimate child entitled to inheritance

With the change of tradition in society, illegitimate is no longer universally condemned, but whether children born out of wedlock are entitled, under Russian law, to the inheritance of a mother or father should be dealt with.

Unwed child and inheritance legislation

An extramarital child is referred to as a child in a spouse who has not officially registered a marriage.

Under the provisions of domestic legislation, children are not disadvantaged in their rights and duties, depending on the legality of birth; inheritance law is not an exception.

Rights of children born out of wedlock

1. Family (SC);
2. Civilian (HC).

Article 53 of the UK equalizes the rights of minors, regardless of the circumstances of their birth, and chapter 11 of the document states that they all have the right:

• To be raised and raised within the family;
• To communicate with the mother and father;
• To receive the necessary protection;
• To be supported financially and morally by both parents;
• To present views on family decision-making;
• to be given a name, name and patronymic, and personal property.

The right to inherit is an integral part of the legitimate interests of a minor, even if he or she was born and raised separately from his or her parents.

Article 53 of the Family Code of the Russian Federation, "Rights and obligations of children born of unmarried persons"

The inheritance rights of illegitimate children

According to article 1142 of the Civil Code, in the allocation of assets as priority candidates, children are not taken into account, except for the mother, father and spouse:

• The circumstances of legal birth;
• The fact of biological relationship or adoption;
• Age characteristics;
• Separate or joint residence with the heir.

Article 1142 of the Civil Code of the Russian Federation, "Constructions of Phase I"

General

Domestic legislation provides for two modes of inheritance:

The characteristics of the inheritance rights of illegitimates depend on the presence of a will.

Can you claim inheritance to a child born out of wedlock?

If the deceased person ' s will is not available, the extramarital applicant may enter into inheritance by proving that he or she is biologically related upon presentation to the notary:

• Birth certificates;
• Documentation of adoption;
• A court decision based on the results of the biological examination, the testimony and other legally recognized evidence of the relationship with the deceased.

How can we prove fatherhood in order to inherit?

The confirmation of paternity is regulated by articles 49 and 50 of the Russian Federation and is achieved by:

• Voluntaryly, through the civil registry;
• Forcible, by a court order.

Read also: What is better than a gifted will or a will on an apartment?

• The application shall be submitted by the applicant directly or by his mother.
• Article 49 of the Family Code of the Russian Federation: " Establishment of paternity through judicial procedure "
• Article 50 of the Family Code of the Russian Federation: " Establishment by a court of the recognition of paternity "

Registration through the civil registry

If the child is voluntarily recognized, the mother and father file a complaint with the public institution in the prescribed form No. 12.

It shall be accompanied by:

• Claimants ' passports;
• A report from the hospital;
• Birth certificate;
• State fee receipts.

If the mother has died earlier, has lost her parental rights or has disappeared, the father may apply for additional documentary evidence of consent to the adoption.

download the application on Form 12

Through judicial review

If the applicant attains the age of majority, he or she is entitled to file an action on his or her own behalf, otherwise this is done by the child ' s guardians, guardians or guardians.

To download a claim for paternity

Arguments

The court must take into account any of the evidentiary documents produced without violating the law:

• Results of genetic research;
• Personal records (including e-mails);
• Evidence of paternity on social media — photographs, performances, etc.;
• Audio recordings of telephone conversations;
• Testimonial evidence of the mother ' s and father ' s joint residence;
• Evidence of the child's material care in the form of payment documents for the purchase of toys, clothing, etc.

The evidentiary material listed varies in weight and is considered by the court in the light of the set of documents submitted.

Intestate inheritance of illegitimates

• Legal descendants with the exception of those born out of wedlock;
• Inversely, only illegitimate, bypassing legitimate;
• In equal shares between the two.

If the will is not correct, the document may be challenged by the courts.

Mandatory part

It is not permissible to deprive children born out of wedlock of the inheritance of compulsory applicants at the time of the death of the testator:

• Underage persons;
• Unable to work (the first to third groups of disabled persons);
• Students between the ages of 18 and 23.

The compulsory share of the inheritance is half of the statutory share.

Succession: Rights of illegitimate minors

In order to claim inheritance property, children born out of wedlock must prove in court if the father deliberately denies it.

Evidence of paternity

This is done through the judicial procedure described above, and the complaint is addressed to the complainant ' s registration address.

Procedure for the inheritance of a child born out of wedlock

When the heir dies, those claiming the estate must file a claim before the end of six months from the date of the death, and the application must be submitted to the public notary office, accompanied by a package of documents which may be read directly from the notary.

Read the same: The rent between close relatives

When a claim is filed late, the inheritance right of an extramarital applicant is lost; the only way to obtain an extension of the six-month period is to provide reasonable evidence to explain the reason for the delay.

The inheritance law of children born out of wedlock by will

Mandatory part of parents ' property for children born out of wedlock

The "compulsory share" factor should be taken into account: if the natural heir at the time of the father's death is under the age of majority, or is unable to work, even if the will does not result in the deprivation of part of the estate, the amount of which is calculated at half of the estate, regardless of the presence of the testator's will.

Nuances of inheritance of property by an illegitimate applicant under the age of 18

The parent of a child born out of wedlock, with regard to the inheritance of the deceased spouse ' s property, must take into account the following characteristics:

• There is no difference in the distribution of inheritance between children born out of wedlock and during the formal marriage;
• If the minor is given a share of the parents ' will, he is entitled to a compulsory share;
• Up to the age of 14 years, the application for inheritance shall be submitted by the parent or legal representative; once partial capacity has been achieved, the candidate shall be allowed to apply independently by obtaining the consent of the guardians;
• If the property is abandoned, if it is contrary to the interests of the minor because of the debts of the deceased parent or other circumstances, the guardianship authorities must be agreed upon.

Postmortem confirmation of paternity

There is a need for this action in the following situations:

• The marriage was not registered, but the parent was involved in the life and upbringing of the son (daughters), but due to an unexpected death he was unable to file the documents in the registry, art. 50, UK;
• The death of the father occurred prior to the birth of the baby, or it was not the intention of the parent to become a legal parent, art. 49.

The confirmation of paternity in both cases is subject to judicial procedure, and the complaint is filed under articles 130 to 131 of the Criminal Code of the Russian Federation at the address of the complainant ' s registration.

Article 130 of the Code of Civil Procedure of the Russian Federation: "Providing of a judicial order to the person sought"

Article 131 of the Code of Civil Procedure of the Russian Federation: Form and content of the statement of claim

Documentation required

• A certificate from a medical institution confirming the duration of pregnancy and delivery;
• The applicant ' s birth certificate;
• A photocopy of his parent ' s death document;
• Written request to interview witnesses or conduct research on genetic material.

Genetic research

In the event of the death of the parent, the material of the deceased ' s next of kin is accepted for genetic research, but in the absence of such evidence, exhumation is permitted in order to obtain genetic material for the examination; however, this measure requires the consent of the judge issued during the examination of the application.

Read also: Rules of the will

So at the end of the review, is it possible to deprive an illegitimate child of his or her inheritance:

• Children born out of wedlock have the right to claim inheritance together with legal inheritance;
• Only the parent himself, who is clearly understood in a will, may deprive an illegitimate heir of this right.

Is the illegitimate child entitled to inheritance

And when it comes to the inheritance of the property, the deceased shall have relatives and children born out of wedlock, and the children of those born out of wedlock shall have the right to inherit the inheritance of their parents if the latter do not acknowledge their relationship.

Succession process

The deceased relative ' s property is obtained in two ways:

• By law, in accordance with the priority of the successors;
• by a will indicating a particular person or group of persons.

In order to be entitled to the property of the deceased, it is necessary to be the heir of the first line, i.e. the next of kin, who are:

• Children;
• Parents;
• :: spouse/spouse.

If the applicant is satisfied that he or she is an illegitimate child of the he or she, he or she must prove this fact and a procedure for determining paternity is being carried out.

If you have a father, there will be no problem with your father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's wife's father's father's father's father's father's father's father's father's father's father's father's father's father's father's wife's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's wife's father's wife's wife's father's father's father's father's father's father's father's father's father's wife's wife's wife's wife's wife's wife's father's father's father's father's father's father's father's father's father's father's father's father's father's son is the father's father's father's father's wife.

If the document in the "Father" column is marked, there may be difficulties: since the deceased is involved, there is no voluntary recognition of his fatherhood; this will have to be proved by the courts.

The procedure for the inheritance of a child born out of wedlock consists of two phases:

• Evidence of membership of the deceased;
• The inheritance.

Postmortem determination of paternity

That's what happens if:

• The parents were not married, but the father was prepared to recognize the child at any time, participated in his upbringing, but did not reach the register and file a joint application with the mother.
• The parent died before the baby was born, or he wasn't going to admit it at all.

In all cases, an application must be filed with the court; it must be drawn up in accordance with articles 130 to 131 of the Criminal Code of the Russian Federation. It must be filed with the court of the plaintiff's place of residence, the child himself or his legal representative.

The following information should be included in the claim:

• The full name of the court to which the claimant submits the documents;
• The complainant ' s data;
• All the facts of the birth of the child: In what circumstances did the parents meet when the child was born, the treatment of the deceased;
• There is a need to provide as much evidence as possible of paternity; for example, testimony from witnesses who can prove that they were living together during the baby ' s birth, photographs and videos, other evidence;
• If a genetic examination has been carried out in advance, it will greatly speed up the proceedings in court;
• Other circumstances that will help to establish the truth about the matter;
• Please establish paternity for the child ' s inheritance and also indicate the requirement to change his/her patronymic and family name and to amend the records of the registry;
• A list of the documents that the claimant attaches to the claim to substantiate the facts as stated;
• Date of application;
• The applicant ' s signature as well as the decryption.

The claim cannot be unfounded and is therefore accompanied by copies of documents supporting the facts that the claimant has stated in the "television" of the statement.

What kind of papers do you want?

Copies of all documents that have a direct bearing on the truth must be attached; for example, if the applicant has a certificate from the women ' s consultation to determine the date of pregnancy, a copy must also be attached.

In addition, attach:

• A copy of the claim itself for the defendant ' s representatives;
• A document confirming the birth of a potential heir;
• A copy of the document confirming the death of the testator;
• Requests for the attendance of witnesses or for genetic analysis;
• For example, letters, joint photographs of "father/child" with appropriate inscriptions, social media comments, etc.

DNA testIf it is not possible to prove paternity in another way, it is necessary to apply to the court for such an examination.

However, if the deceased has no immediate or other blood relatives, an exhumation must be carried out; a request must be made and the judge will consider and decide whether the procedure is necessary.

As soon as the DNA test confirms the next-of-kin relationship, a child born out of wedlock has the right to:

• Change its data, in particular its patronymic and family name;
• Equal association with other children and relatives of the deceased;
• To receive various social benefits related to the loss of the breadwinner;
• To claim an inheritance.

As long as the paternity process is under way, other relatives cannot obtain their shares in the deceased's property.

Collection of the inheritance

On the basis of a copy of the court ' s decision to establish paternity, the applicant may claim a share of the deceased father ' s property, and he must visit the notary and declare his rights in writing.

An unmarried child now claims father ' s property on an equal basis with other children; for example, the house had previously been divided into three parts and, after the trial, it would be divided into four equal parts.

If the heir has not given a share of his illegitimate child in the will, it is likely that the property will be obtained as a compulsory share, but one of the following conditions is required:

• The child has not attained the age of majority;
• He or she is unable to work because of his or her disability; he or she must have a medical certificate in his or her hand and receive a pension.

The compulsory share will be equal to the share that the child would have been able to receive if he had inherited it by law; for example, in a will, the property was divided into two parts between the children born in wedlock.

But a child born out of wedlock is under the age of 18 years, and if there were no will, he would have received one-third of the property of his parent.

He will receive this portion when he has a mandatory share.

If you do not have the right to have a child born out of wedlock, then leave it with your will.

Recent developments

No significant legislative changes were envisaged in 2023.
Our experts are tracking all legislative changes to provide you with reliable information.

Please describe your problem and we'll help solve it!

Do children born out of wedlock have the right to inherit under the laws of the Russian Federation?

Since Soviet times, the institution of marriage in Russia has maintained its strong position, and according to the old concepts that still exist among the people, "unwed children" are considered to be wrong and unusual, and this practice has gradually ceased, but it still has to be confronted with this phenomenon of society.

Another view is that children born out of wedlock have fewer rights than those born in marriage. Consider whether such a statement is correct or wrong.

The concept of children born out of wedlock in legislation

Russian State law recognizes the rights of every human being, regardless of any reason, and therefore children born out of wedlock have the same list of rights as children born in wedlock.

It is only important that the parent be identified as a parent in the child ' s documents; otherwise, proving the relationship and its degree will be problematic.

In accordance with the law, the heirs of the first line are the closest relatives — children, parents, and spouses.

By stating the rights of children, the law does not divide them on the basis of their origin; there is nothing to say that parents should or should not be married so that children are entitled to inheritance.

The law treats children as descendants of the inheritor regardless of other circumstances:

• Born in or out of wedlock;
• Blood and adopted;
• Able and incompetent;
• Adults and minors;
• Co-habited and separated.

All children have the right to claim inheritance, and children whose parents have been deprived of parental rights may also inherit.

But in Russia, unfortunately, the rights of those who cannot inherit because they have nothing but debts and problems have nothing to bequeath, but this is the subject of a separate topic, and the fact remains that such cases are extremely rare in domestic law.

One of the most important conditions for children to have the right to inherit, the origin of a particular parent must be established (the birth document), determined by the courts (including through various forms of examination), and paternity and maternity may be recognized voluntarily.

Children who claim to inherit a deceased parent must provide proof of their parent ' s origin; such evidence may include a birth certificate, a certificate of paternity, judicial acts and other documents containing information on the child ' s origin from a particular parent.

Under the general rules, registration of paternity is the responsibility of the civil registry.

By law, paternity may be established according to:

• Act in force;
• Application by the father of a child who has not been married to the child ' s mother;
• The statement (joint) and the mother and father that the individual(s) is the father of the child.

Given that, in the event of the death of the child ' s father, it would be possible to obtain a certificate of recognition from his father only on the basis of the relevant judicial act, since the deceased could not express his will.

Nor can any written expression of the deceased ' s will in life be proof, but for a trial, such a will can serve a very good service and significantly increase the chances of recognition of paternity.

What documents are needed to bring the person concerned before a judicial authority?

Before going to court, the interested person acting on behalf of and for the benefit of the child will need to prepare a number of documents:

• Documents showing the birth and death of the parent;
• Change of parent ' s family name (if any);
• A statement or certificate from the home administration which reflects the fact of living together with the heir;
• A copy of the home book and a report on the composition of the family;
• Evidence that documents cannot be provided.

Additional documents may sometimes be required from the place of work or study; the list of documents is not exhaustive and can be significantly expanded, depending on the case.

Preparation of the application to the court

The judicial authority shall take legal action only after the application has been received in accordance with the rules laid down in the law; the requirements for the content of the statement of claim are laid down in the Civil Code; the form of the application is free but only in writing.

Failure to comply with at least one requirement for the content of the statement of claim would entail a motion-free application, on which the court would make a separate determination.

The applicant (or his or her representative) would then be given a reasonable time to correct the deficiencies; failure to remedy the deficiencies would entail the return of the claim with all the materials.

The requirement to establish affinity (in this case, paternity) to give rise to a right of inheritance is made in the form of a statement of claim.

In the present case, the claimant must indicate why it needs to establish such a fact, i.e. the text of the statement of claim details the situation and the need to establish paternity.

• The declaration of paternity shall be submitted to the judicial authority of the claimant ' s place of residence.
• Model statement of claim for paternity.
• Consideration of the merits

The trial is a somewhat creative process. No court hearing is different. No evidence has a pre-defined legal value, but is examined separately and in conjunction with the other evidence presented and the testimony of possible witnesses.

As evidence of family relations, witnesses (neighbors, relatives, kindergarten teachers, school teachers, child sports mentors and all those who could see a person perform his or her father ' s duties) can be used as witnesses.

Also as evidence, photos, greeting cards, diary notes, father's letters to his son and vice versa are often written by parents on gifts for the child's birthday with the phrase "from mom" or "from the dad." Video recordings of family celebrations in which parents and children call each other "dad", "son", "daughter", all of which may serve as evidence.

Additional evidence in the case

As additional evidence, an additional examination may be made by the court; if no evidence is sufficient, the applicant has the right to request the court to order any expert examination.

1. The Court would grant such an application if it considered that the result of such an examination could shed light on the situation and remove any doubts.
2. The expert ' s opinion was not an undeniable guarantee of victory in court, but would be considered by the court along with the rest of the evidence.
3. Genetic tests can be taken from all relatives who were involved with the deceased and the child claiming inheritance.
4. Upon the entry into force of the legal act, the child ' s representative submits it to the local registry office and receives a document in which the relationship of the deceased parent and child is confirmed by the relevant record.
5. From that moment on, the child has a documented claim to a share in the inheritance.
6. For the duration of the trial and the entry into force of the court decision, all actions in the inheritance case shall be suspended and renewed on the date of the entry into force of the judicial act.
7. State law does not distinguish between the inheritance rights of children born out of wedlock and those born in wedlock.

This rule works only if the property is inherited by law; in the case of a will, the situation is somewhat different, but it does not deprive the child of the right to claim a compulsory share in the inheritance.

Allah is All-Hearer, All-Knower.

It was important to comply with the law so that such a will would not subsequently be subject to judicial proceedings and would not be declared null and void or unlawful.

Mandatory share of inheritance

As for those who are unable to work, they are entitled to a share of what they have earned, regardless of their will; and as for those who have not attained the age of 18 years; and as for those who have not attained the age of majority, they are entitled to a share of the inheritance; and as for those who have passed the age of majority, they are entitled to a share of the inheritance; and as for those who have passed the age of 18 years; and as for those who have passed the age of majority, they are entitled to a share of the inheritance; and as for those who do not have the right to work, they are entitled to a share of the inheritance; and as for those who do not have the right to work, and as for those who do not have the right to work, they are entitled to a share of the inheritance; and as for those who do not have the right to work, and as for those who have the right to work, they are entitled to a share of the inheritance.

Do children born out of wedlock have the right to inherit or be deprived of the inheritance of such a child?

In our country, the institution of marriage and family relations is protected by the State. Children born in a registered marriage and born in another marriage are legitimate and have a strong position regarding the inheritance of the property of parents left behind after their death.

Today, it is no longer news that a child may be born out of wedlock, and the phenomenon of illegitimate children is not unusual. It is felt that, unlike legitimate children, children born out of wedlock are not fully entitled to inheritance after the deceased parent or are severely restricted in its implementation.

Rights of children born out of wedlock

The rules governing children ' s inheritance rights include:

1. Family Code of the Russian Federation.
2. The Civil Code of the Russian Federation.

The law does not make the inheritance rights of children dependent on the civil status of their parents and whether they are legally married.Unwed child has the same scope of rights as legal.

In accordance with article 1142 of the Criminal Code, the following are the first successors of the deceased:

1. Kids.
2. A spouse.
3. Father and mother.

The law does not specify that only legitimate children have the right to inherit after the deceased parent.

Thus, the inheritor ' s property may be inherited by:

1. Child born out of wedlock, including foster care
2. A legitimate child, i.e. born to parents in an official marriage, including a natural or adopted child.

The age of the successors, their number or their residence with the deceased does not affect the extent and exercise of their inheritance rights in respect of the deceased parents, nor shall the child be deprived of the right to receive property left behind by a deceased citizen deprived of his or her parental rights in respect of him or her.

Right to inheritance for children born out of wedlock

It was stated that children born in an official marriage, like children born out of wedlock, were entitled to inherit property on equal grounds.

By will

In a situation where the deceased parent has made a will in the event of death, only the persons listed in the document may claim the remaining property.

For example, a child born out of wedlock may be excluded by the father from his successor ' s membership, and property belonging to him or her may be distributed as follows at his or her discretion:

1. Only among legitimate children, excluding those born out of wedlock;
2. Only children born out of wedlock, excluding those born in wedlock.
3. Of all the children, there are equals.

Thus, the sole reason for the parent ' s property upon will is the personal wish of the deceased and the inclusion of the child in the investigation document as his successor.

Council: What matters is that by making a will, removing or reducing to a minimum the points of contention that may further justify its annulment or challenge.

Without will: with and without established paternity

In the absence of a will, a child born out of wedlock is the same legal heir as that born in an official marriage.

The only condition for children to inherit after the deceased is a confirmed (proved) or established legal fact: the parentage (maternity or paternity) of a particular citizen.

In the absence of a will and without the establishment of a parentage, the illegitimate child will not be able to obtain the estate of the inheritor on an equal basis with the legitimate children.

1. Birth certificate;
2. Adoption document;
3. A court decision establishing paternity (maternity).

A parent may voluntarily declare an illegitimate child as his or her child in his or her lifetime by performing the necessary legal acts; if it is impossible to prove paternity or non-judicial maternity, the parent is established by a court of law.

Determination of paternity

When it comes to the need to establish a parent, it is usually a matter of paternity; it is not particularly difficult to confirm the origin of a particular woman, and such cases are much less frequent than the need to establish affinity with the father.

The procedure for establishing paternity is established by the UK of the Russian Federation in articles 49 and 50. The procedure for recognition of paternity by a man may be carried out:

1. Voluntaryly, in the civil registry.
2. Coercively, in court.

In a situation where a citizen does not confess to being the father of a child born out of wedlock by filing a joint application with the mother in the civil registry, his or her relationship may be established in court proceedings, and the mother of the child born out of wedlock may apply to the court for confirmation of this fact, as well as the child claiming the inheritance.

Through the civil registry

The law stipulates that the parents of a child born out of wedlock must express their desire to determine paternity by filing a joint application with the civil registry; the main condition of the procedure is the consent of the man to establish his paternity over a particular child.

According to the application, the employee of the civil registry office changes the certificate and issues the certificate of the child ' s father; thus, the man recognizes the child as his own and the procedure for the voluntary determination of paternity is completed.

In the event of the death (death) of the child ' s mother or the declaration of her incapacity, the inability to establish her place of residence or the deprivation of her parental rights, an application may be lodged with the civil registry office by a man who wishes to recognize paternity; if a child born out of wedlock has not attained the age of majority, the consent of the guardianship and guardianship authority must be attached to the application; in the absence of a document, the court decision has entered into force.

Through the court

Refusal or determination of paternity takes place in court if the citizen does not wish to prove his or her relationship to the child voluntarily; the procedure may be followed after the death of the presumed father (postmortem) if his or her attitude towards the child has not been determined in the course of his or her life.

In order to initiate the process of establishing paternity, an application must be lodged with the court.

1. Mother.
2. Father.
3. A full-aged kid.
4. A citizen holding a child.
5. A guardian or guardian.

Various evidence may be used as evidence in court:

• Written correspondence (mails, e-mails, social media messages);
• Audio and video recordings;
• Witnesses ' testimony;
• Recording of texts and telephone conversations;
• Genetic analysis;
• Bank statements, cheques, receipts for men ' s child maintenance costs;
• Evidence of the mother ' s living together with the child ' s father;
• Other evidence obtained legally.

Upon receipt of the court ' s decision and its entry into force by the civil registry, information on the father is entered into the child ' s birth certificate; from the date of receipt of the new certificate, the illegitimate child is entitled to the inheritance of the deceased parent.

Mandatory share

There is an important nuance in the inheritance of children, including children born out of wedlock, after the deceased parents; this is the compulsory share of the child in the inheritance of the deceased; a compulsory share is given to a portion of the inheritance which is left to be left without a bequest by the legal heirs of the heir.

Such heirs include children born out of wedlock; the requirement for the compulsory share of children deprived of their inheritance is the existence of one of the following conditions:

1. Disability due to disability and pension.
2. Underage.

Therefore, if a child is deprived of the will of a parent, he or she may expect to receive a compulsory share in the inheritance, provided that he or she is unable to work or is under age.

Could the inheritance of a child born out of wedlock be removed and, if so, how?

In conclusion, it should be recalled thatThe State guarantees the right to inherit the parents of children born or born out of wedlock and does not distinguish them on this ground..

But remember that this rule is only for inheritance by law in the absence of a will of a parent, and the heir may deprive his child of his inheritance, including that of a man born out of wedlock, by removing him from the list of his heirs.

A citizen may, at his or her discretion, dispose of his or her own property and, in the event of death, make a will and divide the inheritance between his or her named heirs.A child excluded from the will by the father (mother) and entitled to a compulsory share shall be entitled to claim the portion of the parental inheritance due to him or her.(Read it above.)

Whether a child born out of wedlock has the right to inherit, the procedure for processing the inheritance

From a moral point of view, the concept of "unwed child" is considered to be shameful, flawed and so on, but from a legal point of view, such a child is no different from the one born in a legal marriage or adopted.

In most cases, the issue of children born out of wedlock is acute when it comes to material matters, in particular the division of inheritance property.

Can a child born out of wedlock claim inheritance, and on what grounds?

What does the law say?

We have previously considered the question of whether an adopted child can claim inheritance; these two issues are somewhat similar, because according to the Family Code of the Russian Federation, a child, whether or not born in wedlock, is equal in his or her rights with a legitimate child.

Consequently, the answer to the question of whether a child born out of wedlock has the right to inherit will be in the affirmative; according to article 1142 of the Criminal Code, the first heirs are the children and spouses and the parents of the deceased.

At the same time, there is no indication in the legal instrument that there are any restrictions on children.

As well as those born in wedlock and those born in wedlock, children born out of wedlock have the right to a compulsory share in the inheritance, since they are the heirs of the first line.

If there's a will

And what is the matter with children born out of wedlock?

If the child is not mentioned in the will, but proves his relationship with the deceased in court, he is entitled to a compulsory share of the inheritance, for he is the heir of the first line.

Let's take stock.

Can children born out of wedlock claim inheritance? Absolutely, because the Family Code does not provide for the separation of children from those born in and out of wedlock, a child born out of wedlock has the same rights as a legitimate child, but in some cases it will have to be proved in court.

Can a child born out of wedlock claim inheritance

According to statistics, 22.5 per cent of all children are born out of wedlock, and many parents and close relatives believe that illegitimate children are not entitled to claim inheritance.

The law doesn't agree with them.Another case — the inheritance procedure itself will have many obstacles in the form of other "legitimate competitors".

In order to defend the rights and interests of the child, it was useful to seek the assistance of a lawyer.

Receive primary advice from several companiesfree of charge:: Make an application and the system will pick up the right companies!

47 companies connected to this service

Start rebounding in multiple clicks >

Legislation on the status of children born out of wedlock

The Civil Code is a central law that gives a clear answer to the status of an extramarital child, under article 1142 of the Criminal Code of the Russian Federation, children are recognized as the heirs of the first phase and the rule does not emphasize whether or not the child is born out of wedlock.

All children have equal inheritance rights; the only condition that must be fulfilled is the fact of kinship; if the mother or father is a valid parent, there is no framework within which to claim inheritance; the rule also applies to adoption.

The law identifies two ways of obtaining inheritance: by law and by will.Regardless of the path chosen, a child born out of wedlock will be entitled to a compulsory share of the property.

Even if the testator explicitly indicated in the text a requirement to exclude illegitimate persons from the inheritance, the law would be on the latter's side.

How can we prove affinity?

An unmarried child can inherit only if paternity is established.There are two situations with different solutions:

1. The parent voluntarily accepts a child born out of wedlock.
2. The parent refuses to confess.

In the first case, a minimum of documents would be required: a birth certificate or a document confirming adoption; the certificates would be handed over to the notary for inheritance; no problems would arise.

In practice, it is common for a father to reject or deny affinity altogether.In such a case, a child born out of wedlock can inherit only if there is evidence, and the court is the key authority that can establish paternity and transfer the right to inherit if the father denies it.

Judicial procedure involves the collection of documents. The court takes into account the following evidence:

• Personal records, messages;
• Photographs;
• Video;
• Audio recordings;
• Witnesses ' testimony;
• Payment documents;
• The results of the genetic analysis.

Various joint surveys with children born out of wedlock, social media records, or photographs — it is recommended that mothers gather all the information that directly or indirectly supports the relationship.

Witness testimony is one of the best evidence.

If there are witnesses, friends and acquaintances who know that a child born out of wedlock has a relationship with a particular person, the court is very likely to reach a positive decision.

In practice, a birth certificate may be useful as evidence; parents sign on paper when writing a document, and the father automatically agrees with the father ' s father ' s signature.

The court may order a genetic study of affinity, which cannot be rebutted; this is the most direct proof of the lineage; however, a judicial body may not order a person to undergo an examination without consent.

The procedure for the inheritance of a child born out of wedlock

If the relationship has been resolved, the child born out of wedlock must declare his or her own right; the procedure for inheritance is as follows:

1. The heir is dying.
2. The heirs make up an application for inheritance.
3. The application is submitted to a notary office.
4. The notary handles the inheritance.

The time limit for entry into law is six months, and the delay is restored only if there is a valid reason.

For a child born out of wedlock, it will be necessary to prepare not only a statement but also additional documentation — proof of affinity.If there was a court, a court decision must be attached to the application; in another case, a birth certificate or an adoption document would be required.

A child who is not married may not produce the required papers on his or her own, and the procedure is carried out by legal representatives, the mother and close relatives, who have the right to act as intermediaries, and the rules apply to minors up to the age of 14; after 14 years of age, the child may file an application on his or her own, but with the consent of the guardianship authorities.

A child born out of wedlock will not be able to dispose of property until the age of majority.The benefits will be preserved in anticipation of the heir ' s full capacity.

If a child born out of wedlock has reached the age of majority, the right to inherit shall be voided if the testator has not included his or her offspring in the list of heirs; the rule does not apply to disabled children.

An extramarital child, like a legitimate child, has the same inheritance rights.

In order to protect the interests of close relatives, it is recommended that they approach professional lawyers; self-defence of rights may be prolonged and become a real war with other applicants.

• Sources:
• Statistics of single mothers in Russia
• Article 1142: The heirs of the first phase

Do children born out of wedlock have the right to inherit

Formal marriage so far has a lot of advantages over mere cohabitation, so children born out of wedlock are not fully understood by the customary status.

Many people believe that children born out of wedlock are limited in their rights as compared to those born in an official marriage, as is the case with inheritance.

As a result, many wonder whether children born out of wedlock have the right to inherit.

Status of children out of wedlock under inheritance law

Legislation in the civil and family areas, by highlighting the rights, duties and responsibilities of children and their parents, does not indicate in law anywhere the separation of children born in wedlock from those born out of wedlock.

There is also no separation of this type when it comes to inheritance.

According to article 1142 of the Civil Code of the Russian Federation, the first inheritors of the deceased are his or her spouse, child and parents.

• Born in a marriage officially registered in accordance with the procedure established by law;
• Born out of wedlock;
• Relatives;
• Adopted or adopted;
• Living together with their parents;
• Those living separately from their parents.

Children from previous marriages (or those born out of wedlock) for new spouses are step-children and step-daughters, respectively, if the spouses (or spouses) decide to adopt them, they will automatically pass on to inheritance in the first place.

If the parents have been deprived of their rights with respect to the children, they are not entitled to claim their property, but the children are entitled to receive the inheritance from the disenfranchised parents.

The main condition under which children may inherit after the death of their parents is that their relationship must be documented (recognized, proven, established) and that the documents may be a birth certificate, a certificate confirming the adoption or adoption, and a court decision establishing paternity for a particular man.

Procedure for the determination of paternity

In view of the fact that it is often more difficult to establish the identity of the father-in-law than that of the mother, the UK of the Russian Federation has established a procedure for determining paternity.

Article 48 of the Family Code of the Russian Federation states that unmarried parents are required to file a joint application with the civil registry in order to register as parents (as opposed to the situations in which the parents are married, in which case the presence of one of the parents and the marriage certificate are sufficient).

In this way, the man confirms that he is a father to the child.

In a situation where the child ' s mother has died, is incompetent or has been deprived of her parental rights by a court decision, the application shall be submitted by the father alone, in which case he must provide a document confirming the facts, and he must obtain the consent of the guardianship and guardianship authorities.

If the guardianship authority does not give its consent, the man has the right to apply to the court, in which case a court decision must be given instead of the written authorization of the guardianship and guardianship authority.

Both the recognition of paternity and its rebuttal can be obtained through a court of law; the decision can be made in the father ' s lifetime and posthumously (if the child in question is declared as the heir of the first line after the person in question).

Articles 49 and 50 of the Family Code define the procedure for determining paternity through a judicial body.

If a woman and a man who were not married had a child, but they had not filed a joint application with the civil registry office for a birth certificate, the fact of paternity would have to be determined by the courts.

The following persons may file an application with the judicial authority:

1. One of the parents (mother or father).
2. The child's guardian or guardian.
3. A person with a dependent child (e.g. his grandmother or other relatives and other persons).
4. The child is himself at the age of 18.

All information and documents may be made available to the court as proof of the father ' s paternity of the man:

• Recording of telephone or other types of audio and video conversations;
• Letters;
• Testimony;
• A genetic report and others.

The right to establish paternity has no statute of limitations and may be exercised during the life of the father or after the death of the person.

The court shall receive an application from any person who is directly responsible for the upbringing and maintenance of the child, as well as from the heir himself, from the moment he reaches the age of majority.

Determination of paternity after the death of a potential father

The process of establishing a man ' s fatherhood after his death was difficult, and without solid evidence the court would not satisfy the claim.

Before filing a complaint, it is necessary to prepare documents concerning the period of pregnancy (medical certificate), the father ' s reaction to the information about it (preferably with the testimony of witnesses), as well as to indicate the reason for the refusal of a man ' s paternity.
The following documents should be attached to the application:

• A document confirming the birth of the child;
• A document on the death of a potential father;
• a certificate confirming that the parents are living together for a certain period (if any);
• Document with EVI on the current composition of the family.

The following documents may be attached as additional proof of paternity:

• Letters or e-mails between parents;
• Joint photographs;
• Cards such as "daughter" or "dape";
• The testimony of various witnesses;
• Checks or other documents showing that the man paid for the child ' s activities or bought him toys (the clothes and other).

When checking the data provided, the court shall decide whether they are sufficient; if not, it shall order an additional examination.

Willing of children born out of wedlock

If there is no legal difference in rights between children born in a legally registered marriage and children born outside it, the testator may prescribe this difference in the will.

Since it is only people who have been included in the will as heirs (with the exception of compulsory shares in the inheritance) who are entitled to inherit the estate of the testator, the heir has the right to indicate as heirs only children born in a marriage officially registered in accordance with the law and to exclude all children born out of wedlock.

In some cases, the testator only mentions children born out of wedlock in the document or divides property equally; the key to making a will is to make it sound so that the heirs cannot challenge it or declare it null and void.

• With regard to the compulsory share, it is to be said that it has priority heirs (wives, husbands, mothers, fathers, children) if one of them has not reached the age of majority or is unable to work (disabled by a medical organization or has officially retired).
• Even if the said persons are not included in the will, they are entitled to receive half of the portion of the inheritance that would have been due to them had the will not been made.
• Whether or not a marriage is concluded between the parents, their child is a full-fledged heir to both the father and the mother.

If a child born out of wedlock lives with his or her mother far from his or her father, but wishes to establish paternity, this can only be done through the courts.

Most often, the only evidence that parents do not communicate for a long time will be a genetic examination.