In Kazakhstan, inheritance is carried out by will and (or) by law.
The inheritance includes the property belonging to the testator, as well as rights and obligations, the existence of which does not cease with his death.
The composition of the inheritance may also include the rights necessary to formalize the property rights of the testator that were not formalized during his lifetime, including the right to register them.
!However, it is worth paying attention that along with property, debts on it are also included in the inheritance. BUT you will be liable for the obligations of the deceased only with the property that you inherited.
What can’t be inherited?
There are five areas in which there are prohibitions (clause 2 of Article 1040 of the Civil Code of the Republic of Kazakhstan):
• rights of membership in organizations that are legal entities;
• the right to compensation for harm caused to life or health;
• rights and obligations arising from alimony obligations;
• rights to pension payments, benefits and other payments on the basis of the labor legislation of the Republic of Kazakhstan and laws in the field of social security;
• personal non-property rights not related to property rights (the right to freedom of movement and choice of place of residence, the right to create legal entities, the right to demand compensation for material and moral damage, etc.).
Which relative of the deceased has priority right to inherit the property?
First, the names of the people named in the will are revealed. If there is no will, inheritance by law comes into force. First of all, the children of the deceased, his husband or wife and parents claim the inheritance in equal shares. If there are none, the right to inheritance in the second place goes to the brothers and sisters of the deceased, as well as his grandparents. The third priority is the testator’s aunts and uncles.
Also in equal shares, which are determined by the notary – regardless of the wishes and/or claims of one of the heirs (for example, for a larger share and full inheritance of housing). These rules are given in articles 1061-1064
Civil Code of the Republic of Kazakhstan (special part).
Did you know that:
- Heirs who lived together with the testator during the year before the opening of the inheritance have a priority right to inherit the home, as well as household utensils and household items.
- And that the heirs who, together with the testator, had the right of common ownership of the property, have a preferential right to inherit property that was in common ownership.
Also, a spouse can be excluded from inheritance by law if it is proven that the marriage with the testator actually ended before the opening of the inheritance and the spouses lived separately for at least five years before the opening of the inheritance.
Who will get the property if no one inherits it?
It happens that there are no heirs either by will or by law, or none of the heirs have the right to inherit.
Then the property will become communal property in the locality where the inheritance opened.
! But the property interests of other heirs participating in the division must be respected.
At the expense of the inheritance, before its distribution among the heirs, the following requirements must be satisfied:
- At the expense of the inheritance, before its distribution among the heirs, the following requirements must be satisfied:
- funeral expenses of the testator,
- expenses associated with the protection, management of the inheritance, execution of the will, as well as payment of remuneration to the executor of the will or the trustee of the inheritance.
These claims are subject to satisfaction from the value of the inheritance in preference to all other claims, including those secured by a pledge.
Unworthy heir. Who is he?
In Kazakhstan, even people entitled to an obligatory share can be recognized by the court as unworthy heirs:
- persons who intentionally took the life of the testator or any of the possible heirs or made an attempt on their life;
- persons who deliberately prevented the testator from carrying out his last will and thereby contributed to the calling of themselves or persons close to them to inherit or to increase the share of the inheritance due to them
- parents who have been deprived of parental rights or do not pay child support.
Remember – timely legal advice and assistance can be key in resolving various property issues. Protect your rights by contacting professionals.
Sincerely
QazConsultingGroup!
