The law given 6 months on entry into the inheritance. It is assumed that this is enough to relatives who identified their rights to property of the deceased. Or by actual acceptance of the inheritance, or declaring the notary.
However, any lawyer inheritance disputes in their practice are often faced with a situation where the heirs to claim their rights after a legitimate term.
Usually it is relatives, does not support the relationship with the deceased. However, learning about the rights to share in the inheritance, they argue their claims other heirs.
My principal H. for 10 years of caring for a sick close relative, and after his death came into the inheritance.
After six months has declared another heir, who began to claim a share in the property of the deceased. Announced the successor, to restore the term of the inheritance, has addressed in the Tushino district court of Moscow.
On court I, the attorney for succession disputes, representing the interests of the defendant, my client's H. My principal thought it unfair to grant part of the inheritance to the plaintiff, which did not help the deceased, did not support him any relationship.
Defending the interests of the principal, with the successful experience of judicial Affairs on hereditary disputes, I have prepared a good objection to the plaintiff's arguments about the valid reasons for missing them the six-month period.
The plaintiff argued that the reasons for the delay was that he did not communicate with the deceased, the defendants have not informed him of death, was treated.
In their objections to plaintiff's arguments, I have relied on the Decision of the Plenum of the Supreme Court of the Russian Federation "About court practice on Affairs about inheritance", №9 dated 29.05.2012 p. namely, on the duties of the plaintiff to prove that he neither knew nor should have known of the death of the testator for reasons beyond his control.
Such evidence, the plaintiff has not provided. The court agreed with my opinion about the reasons of the restoration of term of acceptance of inheritance, and the claim is denied.
For the successful resolution of inheritance disputes choose an experienced lawyer for probate, familiar not only with the law of succession, but also with the procedural features of the assessment of evidence in such cases.
Lawyer Vladislav Lyzhin.