Statement of claim for the right to inheritance (sample)

Inheritance relations are relevant in legal practice. Many people search on the Internet for examples of statements of claim to inheritance court and do not know how to conduct a case correctly, without errors.

Where to start the registration procedure or how to file a claim against inherited property if disputes arise between heirs ? Acceptance of an inheritance may be by the will of the testator or by law.

In any case, registration is carried out in a notary’s office under the close attention of experienced lawyers.

Some issues that arise regarding the acceptance of an inheritance can only be resolved through court. You can do this yourself or with the help of consultants. But first you need to visit a notary who has special qualifications to handle cases of this kind.

To help people registering an inheritance in Moscow, a program has been running since 2005 to simplify the procedure for entering into inheritance rights. It involves contacting any notary office to any notary.

All notaries in the city of Moscow have the appropriate right to conduct cases of property inheritance.

Potential clients just need to choose one of 3 options:

• apply orally to any office within the period of up to 6 months provided for by the Civil Code of the Russian Federation, and write a corresponding statement;
• send the application in writing by registered mail;
• contact an authorized person for help and issue a power of attorney.

Examples of statements can be viewed on a specialized website. In other regions of Russia, there are other methods of registering an inheritance. If the deadlines are met and the heir has no obstacles to receiving the inheritance, then the notary is authorized to issue a “Certificate of Right to Inheritance.”

It happens that entering into an inheritance becomes difficult; many people have to prove their right to the testator’s property through the court. This happens when, for some reason, the potential heir did not have time to accept the inheritance within the legal 6-month period.

Then, in order to fully restore the deadline, the plaintiff must convincingly prove in court that the deadlines were violated for a good reason (long business trip, illness). In this case, a statement of claim is filed in court, and the legal process begins.

If a judge decides to restore a person’s inheritance rights, then such a court decision is equivalent to a notarial “Certificate of the right to inheritance.”

The court will need more time to study the statement of claim than a notary to make an appropriate decision. Potential heirs should remember this. There are a number of requirements for drawing up a statement of claim.

Requirements for document preparation

• such a document must be submitted in written or printed form, in A4 format;
• it must not contain grammatical or spelling errors;
• must be written in dry official language;
• in the introductory part, in the upper right corner, you must indicate the full name of the court to which the statement of claim is being filed.

The right to inheritance is an important privilege of any legal society. In this regard, disagreements often arise between heirs, which are regulated in court. An example of this is the frequent disputes about the division of inheritance, the inclusion of additional property in the list, and the restoration of an expired inheritance period.

To resolve issues, you need to be able to write a statement correctly.

Some examples of statements of claim to the inheritance court are given below.

Most frequently requested forms

• restoration of the deadline for accepting inheritance;
• on recognition as an heir;
• on recognition as an unworthy heir;
• on the division of inherited property;
• on declaring the will invalid;
• about the hereditary mass.

• Printed versions can be found by following the links.
• Statement of claim for restoration of the period for accepting an inheritance
• Statement of claim for recognition as heir
• Statement of claim for recognition as an unworthy heir
• Statement of claim for division of inherited property
• Statement of claim for invalidation of a will
• Statement of claim for inclusion of property in the inheritance estate

Every day, the courts receive lawsuits from potential heirs of deceased relatives. Themis employees have to constantly listen to complaints about the delays in making decisions. Inheritance disputes involve a large amount of routine work, hence numerous delays in the conduct of affairs. Due to incompetence or ignorance, many claimants file information incorrectly. To make an objective decision, the judge will need a number of documents that will allow him to assess the situation in a legal framework and make a verdict.

Along with the statement of claim, the following must be submitted to the court:

• death certificate of the testator;
• heir's passport;
• an extract from the testator's house register;
• Marriage certificate;
• ownership rights to an apartment or house, plot of land, cars, etc.

All documents listed above are photocopied and submitted in two copies - a photocopy and an original.

Conducting inheritance cases in the courts has always been a difficult task. Due to a certain mentality of our compatriots, things are delayed for many years. Court workers often have to deal with the elimination of legal illiteracy among the population.

If you put aside your emotions and take a close look at the information on the stands and doors of notary offices and legal consultations, you can find a number of requirements, forms and other explanatory brochures necessary for the successful conduct of an inheritance case. It is simply necessary for a modern person to understand jurisprudence, just as it is necessary to be able to read, write or drive a car.

Sample statement of claim for inheritance through court

A statement of claim is a document that is drawn up in accordance with the rules of the Code of Civil Procedure of the Russian Federation. It is necessary to adhere to them in order for the court to accept the claim.

Basic information that must be present in the claim:

• Full name and address of the court where the claim is filed;
• Personal information of the plaintiff;
• Personal data of the defendant (if any);
• Personal data of the testator;
• Cost of claim;
• The name of the document is “Statement of Claim for Inheritance,” etc.;
• Data confirming the right to inheritance;
• Information about other heirs;
• Information about inherited property;
• The circumstances that served as the basis for applying to the judicial authority;
• Claim;
• Links to regulations;
• List of attached documents;
• Date of application;
• Signature.

The statement of claim must be accompanied by a document confirming payment of the state fee for filing a claim in court. The statement of claim with a package of documents is submitted to the court according to the number of persons taking part in the trial.

• The claim form is here.
• In (name) district (city) court
  plaintiff: last name, first name, patronymic,
  registered at the address:
  zip code and full address
  (zip code and address of actual residence, contact phone number)
  defendant: Tax and Duty Inspectorate
  zip code and full address
  third party: notary : surname, first name, patronymic,
  index and full address
  third party: (heir) surname, first name, patronymic,
• zip code and full address
• Statement
• on establishing the fact of acceptance of inheritance

Date/month/year of death (last name, first name, patronymic), living at the address: (full address), which is confirmed by a death certificate series ________ dated ________, issued by the Civil Registry Office _______________ (a copy of the death certificate is attached).

__________________ is my _____________, which is confirmed by the __________________ issued by ________. Civil Registry Office __________________ (copy of _________________ attached).

I am legally the heir to the ____________ line. There is another heir of the first priority - _____________, but he did not enter into inheritance rights and refused to accept the inheritance (a statement of refusal is attached).

The will _________________________ was not drawn up.

After the death of ________________, an inheritance was opened consisting of the following property:

1. Residential building located at the address: ______ with a total area of ​​_____ sq. m, cadastral number __________________.
2. A plot of land located at the address: _____________, with an area of ​​____sq. m, cadastral number _______________.

Within the six-month period established by law, I did not contact the notary with an application to accept the inheritance. However, the above residential building and land plot actually came into my possession immediately after the death of _______.

I, as an heir, committed actions that, in accordance with paragraph 2 of Article 1153 of the Civil Code of the Russian Federation, are recognized as actual acceptance of the inheritance (I paid property taxes from my own funds, made repairs in the house, installed a fence around the perimeter of the land plot, cultivated the land plot, made payments for utilities). This is confirmed by receipts, checks, an agreement with _________________, as well as testimony of witnesses:

1. _________________________, living at the address: ______________.
2. _______________________, living at:_______________

1. whom I ask to be summoned and questioned during the trial.
2. I need to establish the fact of acceptance of the inheritance in order to issue a certificate of inheritance for a residential building and land plot.
3. I was unable to contact a notary and provide written evidence that evidenced my actual acceptance of the inheritance within the prescribed period due to my wife’s serious illness and the need to care for her.

The notary of the notary's office No.__, _____________ __________ refused to open an inheritance case and issue a certificate of the right to inheritance. In my letter dated ___ year No. _____, I explained that I have the right to apply to the court to establish the fact of his acceptance of the inheritance.

Given the current circumstances, I am unable to obtain the documents I need without going to court.

Based on the above, guided by art. 1152-1154 Civil Code of the Russian Federation, art. Art. 264 - 268 Code of Civil Procedure of the Russian Federation,

• ASK:
• To establish the fact that I accepted the inheritance that opened after the death of _______________, who died on __________.
• Applications:

1. A copy of the death certificate series ___ No. _________ dated ___________;
2. A copy of the birth certificate series ____ No. __________ dated ______—;
3. Certificate of state registration of rights _________ dated _____;
4. Certificate of state registration of the right _________ dated _________;
5. Application for renunciation of inheritance ____________.
6. Tax receipts;
7. Receipts for payment of utility bills;
8. Contract agreement for repairs with _______________;
9. Receipts and invoices for the purchase of building materials;
10. Notary's letter _____________ dated _______, No. _____—;
11. Receipt for payment of state duty;
12. Copies of the application.

1. The original documents attached in copies will be presented at the court hearing.
2. Date of_______________
3. Signature ___________
4. A sample statement of claim is here.
5. To the Central City Court of Moscow
6. (Name of court, address)
7. Plaintiff Dyachenko Nikolay Sergeevich
8. (full name, phone number, address)
9. Defendant________________
10. (full name, phone number, address)

The price of the claim is 160,000 rubles. 00 kop.

State duty 400 rub. 00 kop.

Statement of claim

on the inclusion of property in the inheritance mass

On May 16, 2016, citizen of the Russian Federation Sergey Vladimirovich Dyachenko (full name of the testator) died. Currently a notary Ilya Pavlovich Demidov

(indicate the full name of the notary, his address) an inheritance case has been opened ___________________ (indicate details) in connection with the death of Sergei Vladimirovich Dyachenko (full name of the testator).

I, Dyachenko Nikolay Sergeevich (full name of the plaintiff) am related to the testator and am his son (specify by whom).

The composition of the inherited property, which is indicated in the inheritance file, does not include the following property: a land plot located at the address: Moscow, Sergeevo village, st. Sudostroiteley 68 (indicate the property, its location, distinctive characteristics).

• The specified property is not included in the inheritance for the following reasons ______________________ (indicate the reasons if they are known to the heir).
• I believe that this property should be included in the inheritance, since it belonged to the testator, as well as ______________________ (indicate other reasons for the need to include the property in the inheritance).
• Taking into account the above, guided by Articles 49 of the Fundamentals of the Legislation of the Russian Federation on Notaries, 1112 of the Civil Code, 131, 132 of the Civil Procedure Code of the Russian Federation,

Include a land plot located at Moscow, Sergeevo village, st. Sudostroiteley, 68 (list the property, its location and characteristics) to the inheritance mass subject to inheritance after the death of Sergei Vladimirovich Dyachenko (full name of the testator).

Applications:

1. Copies of the statement of claim (by number of defendants)
2. Receipt for payment of state duty
3. Documents confirming the relationship between the plaintiff and the testator
4. Documents confirming the existence of property and the need for its inclusion in the inheritance mass.
5. Other documents confirming the plaintiff’s arguments.
   June 19, 2016 _________________

1. A sample statement of claim is here.
2. To the Central City Court of Moscow
3. Plaintiff Dyachenko Nikolay Sergeevich
4. Defendant______________________
5. (full name, phone number, address)

The price of the claim is 160,000 rubles. 00 kop.

STATEMENT OF CLAIM

on the division of inherited property

On May 16, 2016, citizen of the Russian Federation Sergey Vladimirovich Dyachenko (full name of the deceased) died. After his death, an inheritance was opened, consisting of an apartment located at Moscow, st. Rechnaya, building 200, apartment 560 and a plot of land located at Moscow, Sergeevo village, st. Shipbuilders d.

68 (indicate the composition of the inherited property).

I am the heir of the first line of inheritance (queue of inheritance) after the death of Sergei Vladimirovich Dyachenko (full name of the deceased) on the basis of the law (indicate the grounds of inheritance, by law or will). Besides me, the heirs are Lyudmila Sergeevna Dyachenko (daughter of the deceased), Ivan Olegovich Filatov (nephew), Mikhail Vladimirovich Dyachenko (brother) (full name and degree of relationship with the deceased of all heirs).

When contacting a notary to draw up a certificate of the right to inheritance, a dispute arose between the heirs about the division of inherited property in the form of an apartment located at Moscow, st.

68 (indicate what the dispute about the inheritance is, which version of the division is most preferable, and why such an option should be accepted by the court).

• The heirs cannot voluntarily agree on the division of the inherited property, and therefore I am forced to go to court to determine the shares of each heir.
• Based on the above, guided by Articles 131, 132 of the Civil Procedure Code of the Russian Federation,
• Ask:

To divide the inherited property remaining after the death of Sergei Vladimirovich Dyachenko, who died on May 16, 2016 (full name of the deceased, date of death): by allocating the following property to the plaintiff: an apartment located at the address:

Moscow, st. Rechnaya, building 200, apartment 560 (specify the list of property), allocating the following property to the defendant: a plot of land located at Moscow, Sergeevo village, st. Shipbuilders d.

68 (indicate the list of property).

List of documents attached to the application (with copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Document confirming payment of state duty
3. Certificate of death of the testator
4. Certificate of right to inheritance
5. Documents confirming the right of inheritance
6. Documents for inherited property

June 19, 2016 Signature of the plaintiff _______

How to file a claim in court for recognition of the right to inheritance?

Inheritance of property by law and by will sometimes have serious differences. This may cause a conflict between relatives, which only the court can resolve. Judicial intervention may also be required in cases where the deceased has no direct heirs, and a distant relative claims his rights to the property.

We will tell you in our article how to draw up a statement of claim for recognition of the right to inheritance, and what may prompt the filing of such a claim. Inheritance often becomes the cause of hostility and family troubles. A fair resolution of such situations should be sought in court.

• The reason for petition
• Composition of the application
• Application Form

The reason for petition

Today, unfortunately, there are many elderly people who remain lonely in old age. In such cases, according to the law, distant relatives who are required to declare their rights to inheritance are considered heirs. However, vigilant notaries do not always agree to open an inheritance for this circle of people, and they have to defend their rights to inherit property through the courts.

In its pure form, a statement of claim for recognition of rights to inheritance is quite rare. More often, the requirement for recognition of inheritance rights is found in statements of claim of those appealing a will.

In such claims, the heirs, who have the legal right to receive the inheritance from the testator, appeal the inheritance rights of third parties whom the deceased considered worthy of the property.

Accordingly, the duties of the plaintiff in such an application include not only presenting to the court evidence of the legal inheritance of property, but also providing evidence that the property cannot go to the defendant, who is indicated by the deceased in the will.

Such claims have a complex structure, and in terms of their preparation, it is best to contact a competent lawyer who can trace the intricacies of the will and find a clue that will allow the legal heirs to defend their rights.

A statement of claim for recognition of rights to inheritance may also be accompanied by a demand for recognition of property rights.

This is relevant in cases where the heir entered into legal inheritance, but could not find a certificate of ownership of the property, on the basis of which he could transfer the property to himself.

The fact is that today the re-registration of property occurs on the basis of documents confirming that the property belonged to the deceased, in the order of ownership. Without confirmation of such a right, today it is possible to re-register real and movable property only through judicial proceedings.

A claim for recognition of the right to inheritance and, at the same time, recognition of the right of ownership is sent by the heirs in cases where the deceased indicated property in the will, but did not have time to prepare all the papers before his death, or in cases where the heir by law accepts partially registered real estate. In these claims, the evidence must include facts indicating that the testator bought, privatized or received specific property as a gift, as well as the rights of the heir who accepted the inheritance or claims it.

Thus, a statement of claim for recognition of the right to inheritance can be distinguished as an integral part of claims for inheritance.

Only with competent and qualified support, you can be sure that your application will be accepted and considered, and the court’s decision will not disappoint you.

Composition of the application

Since the statement of claim for recognition of rights to inheritance is primarily about who should own the property of the deceased, the plaintiff will be required to provide all possible evidence to allow the court to make a decision according to which he can get what he wants. Like any statement of claim, a claim for recognition as an heir will have to contain reasonable demands on the court, based on legislative acts and other documents.

The grounds for claims for recognition of rights to inheritance most often are articles of the Family, Housing, and Civil Codes.

It will be necessary to study the legal grounds and comments on them in order to draw up the most competent and reasonable appeal to the court.

You can save yourself from this need by contacting a competent lawyer to draw up a statement of claim for recognition of rights to inherited property and determine what requirements can be supplemented with your claim.

The requirement for recognition of inheritance rights must be accompanied by documents that may serve as legal grounds. If the plaintiff is a distant relative of the deceased, and the testator has no direct heirs, it will be necessary to provide the court with reliable data confirming the relationship.

These can be documents that allow you to trace the genealogical connection, all possible extracts from archival documents, data from the deceased’s previous places of residence, etc.

Of course, the composition of the evidence base is strictly individual for each case, and the most complete information about the composition of the base can only be found by reading the specific case.

Application Form

The statement of claim for recognition of the right to inheritance is drawn up according to the following structure:

• A cap document:
  • Name and address of the court. Typically, such cases are dealt with by the court at the place of residence of the testator, or at the place where the inheritance was opened;
  • Plaintiff's details: full name, registration address, contact details;
  • Defendant's details: full name, registration address, contact details of the person who accepted the inheritance or the organization to which the property was transferred due to the absence of heirs;
  • The data of interested and third parties, as well as the legal representative, if such a circle was involved in drawing up the claim, must be indicated here;
• title : “Statement of claim for recognition as heir”;
• In body The document must contain the following information:
  • In the descriptive part of the application, it is worth indicating all the circumstances associated with the opening of the inheritance, as well as the circumstances in which the heir was notified of the opening of the inheritance. Here it is worth referring to copies of the death certificate and documents confirming the plaintiff’s rights of inheritance;
  • It is also worth giving a description of the property here if the requirements also refer to the recognition of ownership rights of the heir. The property claimed by the plaintiff must be described as specifically as possible, so that the court has the most complete understanding of the circumstances of the case;
  • The grounds that allow the plaintiff to make demands against the defendant through the court must be indicated in full as part of the statement of claim. Otherwise, the application may be left without progress, and the heir will not be able to receive what is due to him by law.
  • As part of the petition, it is worth making demands for recognition as an heir, and for carrying out all legal procedures associated with this legal basis. That is, if the inheritance, for example, was divided in a shared mode, then the applicant has the right to demand a redistribution of the inheritance, etc.;
  • It is worth listing the documentation attached to the application, which must include:
    • A copy of the death certificate of the testator;
    • Copies of the statement of claim by the number of parties to the proceedings;
    • Documents confirming inheritance rights;
    • Documents on inherited property;
    • A receipt for payment of the fee, which is paid according to the amount of the claim, if the application is of a property nature;
  • Date of filing the claim;
  • Applicant's signature with transcript;

When going to court with a claim for inheritance, it is worth obtaining the support of a competent specialist in the legal field on inheritance issues, because such claims usually cause dissatisfaction among those who have already entered into inheritance rights, which may prompt the defendant to file a counterclaim. You can clearly defend your rights legally only with the support of an experienced lawyer who has faced similar problems more than once.

Sample

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Sample

• In ___________________________
  (name of the court)
  Plaintiff: _______________________
  (full name, address)
  Defendant: ____________________
  (full name, address)
  Cost of claim: ____________________
• (full amount from claims)
• Statement of claim for recognition as heir

“___”_________ ____ died _________ (full name of the deceased). After his death, an inheritance was opened consisting of _________ (indicate the composition of the inherited property).

I am the heir of ___ (queue of succession) after the death of _________ (full name of the deceased) on the basis of _________ (indicate the grounds for inheritance, by law or will). There are no heirs of other queues.

There were errors in the documents confirming my right to inheritance _________ (indicate which errors prevent the notary from registering the inheritance out of court).

The fact that I am _________ (degree of relationship) with the deceased _________ (full name of the deceased) is confirmed by _________ (list evidence confirming the existence of rights to inheritance), and in addition can be confirmed by the testimony of witnesses _________ (full name and address).

Relatives of the third degree of kinship - the great-grandfathers and great-grandmothers of the testator - are called upon to inherit as fourth-degree heirs; as fifth-degree heirs, relatives of the fourth degree of kinship - children of the testator’s nephews and nieces (cousins ​​and granddaughters) and siblings of his grandparents (great-grandparents); as heirs of the sixth degree, relatives of the fifth degree of kinship are the children of the testator’s cousins ​​and granddaughters (great-great-grandsons and great-granddaughters), the children of his cousins ​​(great-nephews and nieces) and the children of his great-uncles and grandmothers (great-uncles and aunts). If there are no heirs of previous orders, the stepsons, stepdaughters, stepfather and stepmother of the testator are called upon by law to inherit as heirs of the seventh order.

Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Ask:

1. Recognize me as an heir by law after the death of ________ (full name of the testator), who died “___”_________ ____

1. Petition:
2. I request the following to be summoned to court as witnesses: _________ (full name, full address).
3. List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Document confirming payment of state duty
3. Death certificate of the testator
4. Documents confirming the right of inheritance
5. Documents confirming the existence of inherited property

Date of application “___”_________ ____ Signature of the plaintiff _______

Sample statement of claim for recognition of the right to inheritance. Division of inheritance

Below is a statement of claim drawn up by us to the Oktyabrsky District Court of Novosibirsk for recognition of the right to inheritance in a very difficult situation related to the division of inherited property between heirs. We are talking about the division of inheritance.

In the Oktyabrsky District Court of Novosibirsk (630063, Novosibirsk, Turgeneva St., 221) Plaintiffs: 1. Full name, address, telephone 2. Full name, address, telephone Defendant: Full name, address, telephone Third parties: 1. Full name, address, telephone 2. Notary1 _________________ Address, telephone 3. Notary 2_________________ Address, telephone

4. Full name, address, telephone

Statement of claim (for invalidation of powers of attorney and inclusion of property in the estate)

The claim is not subject to assessment State duty: 200 rubles. 00 kop.

Plaintiff __ L.P., plaintiff __ N.P., defendant __ V.P. and a third party __ A.P. are heirs in first place after the death of their mother __ __, who died on December 4, 2011, and the death of their father __ __, who died on March 4, 2012.

All heirs accepted the inherited property by submitting relevant applications for acceptance of the inheritance to the notaries at the place of opening of the inheritance (notary 1. in relation to property __ L.S. and notary 2 in relation to property __ P.S.).

Certificates of the right to inherited property have not yet been received.

The plaintiffs are reliably aware that the testators have __ L.S. and __ P.S.

there were significant funds (in total no less than 10,000,000 (ten million) rubles) in bank accounts at the Savings Bank of the Russian Federation (this is known both from the words of both testators and from documentary sources - the plaintiffs saw savings books during the lifetime of their parents).

Also, the plaintiffs immediately before the death of the testator __ L.S. (in November 2011) from the words of the testators and from the words of the defendant __ V.P. it became known that __ L.S. and __ P.S. issued in the name of the defendant __ V.P. powers of attorney for the disposal of bank deposits. The exact dates of the issuance of powers of attorney to the plaintiffs are unknown.

Using these powers of attorney, defendant __ V.P. withdrew almost all the money from her parents’ accounts, placing some of it in a bank deposit in her name, and some in a bank deposit in the name of her daughter __ L.N.

(a third party in the present case) to banking institutions that are unknown to the plaintiffs.

The defendant categorically refuses to provide any information about the account numbers of the testators from which the money was withdrawn, as well as about the accounts in her name and the name of her daughter into which these funds were deposited.

In the last years of his life, the testators __ L.S. and __ P.S. were under the strong influence of the defendant, who constantly formed in them a negative image of the plaintiffs and misled them about their intentions.

According to the plaintiffs, by issuing powers of attorney in the name of the defendant to dispose of bank deposits, the testators __ L.S. and __ P.S. Due to physical weakness, advanced age (85–86 years) and existing organic diseases, they were not aware of their actions.

In addition, either the plaintiffs or the defendant visited them every week and brought everything they needed in sufficient quantities - medicines, food. During their lifetime, the testators never expressed any intention to give any of the children any amounts of money.

The fact is that by issuing powers of attorney in the name of the defendant to dispose of bank deposits, the testators __ L.S. and __ P.S. due to physical weakness and advanced age and existing diseases, they were not aware of their actions and were not able to manage them, which is confirmed by the presence of serious organic diseases in both of them (__ L.S.

— arterial hypertension II stage, encephalopathy, ischemic heart disease, CVD, chronic cerebral ischemia, cochleovestibular syndrome, intellectual-mnestic decline; oops.

– IHD, hypertension), affecting the functioning of the brain, namely the ability to think adequately, be aware of oneself and one’s actions, adequately perceive the surrounding reality, adequately assess the meaning of the actions and intentions of the people around them when wearing them.

For their illnesses, the testators in the last few years of their lives underwent inpatient treatment, and were also constantly observed by a therapist and a neurologist at their place of residence (Cherepanovo, Novosibirsk Region). These circumstances can be confirmed by records of outpatient and inpatient patients in relation to __ L.S. and __ P.S.

(outpatient records from the clinic of the MUZ _______ central district hospital, inpatient records from the NUZ "________", MUZ ______ central regional hospital, medical unit No. __, as well as testimony from witnesses who observed __ L.S. and __ P.S.

in the last years of life (according to testimony: __________ - head of the therapeutic department of the ____________ Central District Hospital, _______________ - head of the surgical department of the ___________ Central District Hospital, _________ - a social worker who visited the testators several times a week, providing them with the necessary help at home, __ A.S. - the testator’s brother __ P.S., lived next door to the testators).

A transaction made by a citizen, although legally capable, was at the time of its completion in such a state where he was not able to understand the meaning of his actions or manage them, may be declared invalid by the court at the claim of this citizen or other persons whose rights are protected by law interests were violated as a result of its commission (Part 1 of Article 177 of the Civil Code of the Russian Federation). Under such a transaction, each party to such a transaction is obliged to return to the other everything received in kind, and if it is impossible to return what was received in kind, reimburse its value in money (Part 3 of Article 171 of the Civil Code of the Russian Federation).

In view of the stated circumstances, we believe that the powers of attorney issued by the testators __ L.S. and __ P.S.

in the name of the defendant, granting her the right to dispose of their cash deposits in banking institutions, are invalid on the basis of the above rule of law.

Based on the aforesaid and guided by Article. 3 Code of Civil Procedure of the Russian Federation,

ASK:

1. recognize the power of attorney issued to __ ___, born on April 2, 1926, in the name of __ ____, born on July 1, 1948, granting her the right to dispose of funds in a bank deposit (deposits) opened in the name of __ __, invalid. 2.

include in the inheritance estate remaining after the death of __ __, who died on December 4, 2011, funds received by __ ___ on the basis of the specified power of attorney from the deposit(s) opened in the name of __ __. 3.

recognize the power of attorney issued to __ ___, born October 19, 1925, in the name of __ ___, born July 1, 1948, granting her the right to dispose of funds in a bank deposit (deposits) opened in the name of __ __, invalid. 4.

include in the inheritance estate remaining after the death of __ __, who died on March 4, 2012, funds received by __ __ on the basis of the specified power of attorney from the deposit(s) opened in the name of __ __. 5.

request from _____________ branch of Sberbank of Russia No. ______________ (Novosibirsk region, ____________________) and from _______________ branch of Sberbank of Russia No. _______________ (Novosibirsk region,

________________) information about accounts opened in the specified banking institutions in the name of __ __, born on April 2, 1926, and in the name of __ __, born on October 19, 1925, cash balances in these accounts and information on cash flows for each of them. 6.

Request from the named banking institutions copies of powers of attorney __ __ and __ __ addressed to __ __, born July 1, 1948, giving her the right to dispose of funds on their bank deposits. 7. Request the cards of inpatients __ __, born on April 2, 1926, and __ __, born on October 19, 1925, from: • National Health Institution “__________” (________________) • __________ Central District Hospital (_____________) • _____________________ (_____________) 8. Request the outpatient cards of __ __, born on April 2, 1926, and __ __, born on October 19, 1925, from the clinic _____________ central district hospital (___________________) 9. Question at the court hearing as witnesses: - _______________________________________________________________________ - _______________________________________________________________________

— _______________________________________________________________________

Application for the right to inheritance sample

In our article you will learn why an application for acceptance of inheritance is necessary and how to write it without errors.

Algorithm for writing an application for the right to inheritance

First, we will talk about the procedure for writing this statement, because many who are faced with the loss of a relative or loved one are in a state of shock and do not understand what to do in the current situation.

That is why we decided to describe an easy algorithm of actions:

• Start collecting documents. To enter into an inheritance, you need a whole package of various papers:

• death certificate or court decision recognizing the testator as deceased;
• official information about the last place of residence of the testator (extract from the house register or certificate from the HOA)
• passport of the recipient of the inheritance;
• documents confirming relationship with the deceased (certificate of adoption, birth, marriage, etc., etc.)

You must understand that this list of documents may not be complete for you. Since the court has the right to require from you any other documents specific to your case. For example, a certificate of disability.

• Your next step should be to contact a notary.

You should first find out whether the deceased has made a will. By the way, if a will was not drawn up, you will need to write a claim for inheritance to the court. Information about the existence of a will is also necessary to understand which notary you need to contact.

To find out this information, contact any notary office. Employees of such companies can easily check the presence or absence of a will. If you have a will, you need to contact the notary who holds it. If this notary is not available, contact the one who serves your area.

This information is available on the Internet and in any notary office.

• We collected the documents and chose a notary. Now go to him and apply for acceptance of the inheritance. Almost every notary always has a sample of this document, so you should not have any difficulties.

You should know that a prerequisite for this procedure is the payment of a fee, the amount of which is determined depending on who your testator is and the value of the property addressed to you. You can calculate the amount of the fee from a notary.

• You will need to contact a notary again after you have been issued a document on the right to inheritance. You will be able to receive it only after the expiration of a certain period provided for by law. This period is 6 months.

• At this stage, register the transfer of ownership of the inherited property, provided that this is necessary. By law, not all property must be registered. So check first if you need to go through this step.

Remember! The application for acceptance of the inheritance must be written by the heir in his own hand. A power of attorney in this case is not provided for by law. You can also see a sample here.

 Sample application for the right to inheritance

• IN ___________________________________
• notary office
• G. _____________
• from ___________________________________
• (Full Name)
• address: ______________________________
• (registration address)

STATEMENT

on acceptance of inheritance and issuance of certificate

about the right to inheritance

“__”_____________ _200_ died ____________________________,

                                                     (Full name.)

lived in the city of __________ at the address: __________________________.

The heir is _________________________________________________,

                                                                                (full name, degree of relationship)

residing at the above address: ___________________________.

Inherited property_______________________________________________ _______________________________________________________________________ _______________________________________________________________________ _____________________________________________________________________.

With this application I accept the inheritance and ask to be issued a certificate of right to inheritance. Other heirs provided for in Art. 1142 part 3 of the Civil Code of the Russian Federation, no.

               "__"_________ _200_ ______________

                                                                                                                                        (signature)

Statement of claim to the court for acceptance of inheritance (sample)

In some situations, you can only formalize your right to inheritance through the court. But to do this, you need to prepare a claim and all the documents. How and why is inheritance accepted in court?

Registration of inheritance without court

As a rule, registering an inheritance does not cause any difficulties. But in some situations, receivers can restore the right to receive a relative’s property by law or by will only in court proceedings.

There is no need to go to court if the heirs:

• They have all the necessary documents and there are no disputes regarding the inherited property.
• One person or several who have come to an agreement on the division of shares enters into inheritance.
• The deadlines for registration and acceptance of inheritance have not been missed.

An application for acceptance of inheritance to the court will not be required if the above conditions are met. The basic procedure for accepting inheritance from a notary:

1. Contacting a specialist who services the area of ​​the testator’s last place of residence in order to write an application for acceptance of the inheritance.
2. Providing all documents that are necessary to open an inheritance case and determine the rights of the successors (including documents for property: apartment, house, car).
3. Conducting an appraisal examination of inherited property to determine the amount of tax. The established amount is a state fee that the heirs must pay upon entry.
4. After reviewing the documents within six months, all recognized recipients will receive a certificate of inheritance. This document will place the property due in the recipient's name.

If difficulties arise in preparing documents, determining shares, terms, then you can only obtain the right to inheritance through legal proceedings. In this case, the receivers need to prepare a claim for acceptance of the inheritance.

Types of Lawsuits

Experts distinguish two types of claims on the topic of inheritance:

• Executive.
• Establishing.

Enforcement cases include claims for the allocation of a mandatory share in an inheritance, recognition of a certain person as an unworthy successor, and the revocation of a will due to its invalidity. The second type of claims (establishment) include issues related to actual inheritance. The main one is establishing the fact of acceptance of the inheritance.

Claim for restoration of deadlines for acceptance

Why does an heir sometimes have to seek recognition of the rights to receive an inheritance by law or by will in court? The first and most common reason for a legal dispute is a missed deadline for entry.

According to Article 1154 of the Civil Code of the Russian Federation, within 6 months from the date of death of the testator, all his successors must contact a notary to open an inheritance case or actually accept the property.

But some of the recipients may not have time to declare themselves for some reason.

If you miss the deadline, there is the possibility of joining without trial. To do this, the latecomer must obtain consent to be accepted as an heir from other heirs who have already formalized their rights. If the decision is positive, the notary will redistribute the inheritance. But this situation is often not so easily resolved.

You can go to court to restore the terms of entry only within six months from the moment when the opportunity to accept the property arose. The countdown date may include the moment of recovery, receipt of information about the inheritance, or arrival in the country.

Claim to establish the fact of acceptance of inheritance

Another common reason for going to court is to establish the fact of inheritance. The Civil Code of the Russian Federation provides for two ways to obtain inherited property. The first of them is the acceptance of property at the notary's office.

The second option of inheritance does not require the heir to carry out the registration procedure with a notary. Actual acceptance is an action on the part of the recipient in relation to the property or obligations of the testator.

Thus, having made the actual entry, the heir accepts the inheritance.

In the absence of disputes from other relatives, the recipient can use the left property for an unlimited time.

But still, after some time, upon actual acceptance, the receiver will need to obtain title documents. And this can only be done if you have a certificate of inheritance. Applying to court with a claim in such a situation is necessary to prove the actual entry into the inheritance within 6 months from the date of death of the testator.

All documents of the testator, the applicant, as well as evidence of actions regarding the deceased and his property are attached to the claim. As arguments for the decision to issue a certificate of inheritance, the court may accept:

• Testimony about the use of the inheritance by the applicant.
• Receipts and checks for payment by the plaintiff of the debts of the deceased, payments for the maintenance of property.
• Agreements on services in relation to property (security, repairs).

If the claim is drawn up correctly and there is evidence of actual acceptance within the established time frame, then the court will make a positive decision on the case.

Claim to determine the ownership rights of the deceased in relation to property

The next reason for going to court is recognition of the deceased’s ownership of any property. For example, the testator could have an apartment or house that he purchased a long time ago. Contemporary registration has not been completed, and old documents or archival records may have been lost.

In such a situation, ownership of something can only be recognized in court. Going to court may also be related to the allocation of a land plot or recognition of a house that was not properly registered. According to the Civil Code of the Russian Federation, successors can receive as an inheritance any property of their relative or testator, which was registered as his personal property.

When filing such a claim in court, you need to prepare all available papers. These can include extracts from enterprises where, for example, real estate was issued. Agreements, resolutions, and witness statements will also be accepted for consideration. If the court accepts the arguments and makes a positive decision, then the heirs will be able to receive property that was not previously properly registered.

Claim for inclusion of a new piece of property in the inheritance

When registering an inheritance with a notary, recipients of property must provide all documents that indicate the property of the testator. Title papers will allow a specialist to determine the inheritance mass and distribute it among receivers.

But sometimes relatives and friends may not know about any property of the testator. What should you do if you become aware of new property, but the inheritance case has already been formalized? In such a situation, a lawsuit is filed to include unaccounted property in the inheritance mass.

When going to court, receivers must prepare documents confirming the testator's ownership rights to the newly discovered property.

Documents for going to court

In addition to a well-written claim, the applicant must attach all necessary documents to the application. They must indicate the emergence of inheritance law, the opening of a case, and the property of the testator. The main documents attached to the claim are:

• Death certificate and an extract about the last place of registration of the testator.
• Proof of the relationship between the plaintiff and the deceased, will (if any).
• All documents regarding property rights (agreements, certificates, extracts).

This list is the main documents that are required when going to court. When considering a particular claim, the set of papers may be different from each other. For example, to establish the fact of entry, it is necessary to prepare documents evidencing the actions of the plaintiff in relation to the inheritance.

How to write a statement of claim

So, how to correctly draw up a statement of claim in court? When drawing up a document, it should contain the following information:

1. Name of the court, its details and address.

The claim is sent to the court at the location of the property, residence of one of the defendants, and the last registration of the testator.

1. Information about the plaintiff (applicant): Full name, residential address.
2. Information about the defendant: Full name, residential address.

When establishing the fact of acceptance, the defendant is the notary. When, for example, the terms are restored, the defendant will be one of the receivers who has already accepted the inheritance.

1. Information about inheritance law: information about the testator, property, successors and their right to inheritance.
2. The essence of the dispute: a complete description of the situation and the reasons that led to such a situation.
3. Legal acts on the basis of which the court must make a decision in favor of the applicant.
4. The plaintiff's demands from the court, for example, to establish the fact of entry, to restore the period of acceptance.

When drawing up a claim, remember: at the end of the document there must be a list of attachments (documents or evidence) on the basis of which the court should consider the appeal.

Statement of claim for acceptance of inheritance: sample.

Entering into inheritance through the court is a complex procedure that requires the applicant to pay maximum attention to all the details, even to drawing up a statement of claim. It is best to consult with an experienced lawyer in a controversial situation.

On our website you can get answers to many questions described in the presented articles. For example, you can say a sample application for acceptance of inheritance in court, familiarize yourself with the registration of entry into law in 2017.

The help of an experienced lawyer will allow you to learn about your rights and opportunities under the legislation of the Russian Federation.