Escheat

In the legislative acts of the Russian Federation there is such a thing as escheat. What does it mean, under what conditions is it considered?

The escheat is recognized as property in the following cases:

• In the absence of heirs by law, will. That is, at the time of opening the inheritance of persons indicated in the will or relating to heirs under the law of any order, there is no survivor and no child conceived during the life of the testator, born after his death. As for legal entities, they should not exist at this moment;

• Heirs have no right to inherit. These are the persons listed in art. 1111 of the Civil Code, that is, "unworthy heirs";

• Inheritance is not accepted by anyone. That is, the application was not submitted on time, and the heir did not commit any acts that indicated his acceptance. The list of these actions is contained in art. 1154 GK;

• Heirs were removed from inheritance;

• All the heirs refused to accept, and no one indicated that they refused in favor of another person.

This list is exhaustive and not subject to an expanded interpretation.

Escheat property is a property belonging to a deceased person that does not become property of heirs by law and will.

A situation is possible when only part of the property is recognized as escheaters (when there are no heirs under the law, and not all are indicated in the will).

The main condition for the recognition of escheat inherited property is the fact that none of the heirs can not accept it.

The escheat of property can be established only after the expiration of the acceptance of the inheritance. The moment when the property rights of the Russian Federation is created for property is the day of opening the inheritance.

Under the law, the right to inherit escheat property is owned only by the Russian Federation. Its subjects and municipalities are deprived of such an opportunity. Acceptance of the inheritance by the state is not required, and the rule on the term of entering into the inheritance does not apply to it. RF through legislation itself has expressed in advance its will to inherit any escheat. The state for this reason is obliged to inherit such property, it has no right to refuse.

A document confirming the state's right to receive an inheritance is a certificate issued by a notary body or a court decision on a suit filed by a tax authority or a prosecutor.

The escheat inheritance, passed to the state by inheritance, is transferred to the tax authorities, which evaluate, take measures for protection and implement it. The Russian Federation is liable to creditors for the existing debts of the testator, but within the value of the property acquired by inheritance. Expenses incurred in connection with the death of the testator are also made within the cost of escheat. The law determines the procedure for inheriting such property, accounting for and transferring it to the ownership of RF subjects, municipalities.

In some cases, hereditary relations are of an international nature, and in practice there are certain problems, since there are 2 groups of countries that differently transfer to the state property escheat. One group believes that the ownerless property is ownerless, this is a special case, and it must go to the one in whose territory it is located. The second group believes that it should be inherited. Russia belongs to the second group.

Escheat property should be distinguished from orphan. Transition of rights to the first involves the acquisition of not only the rights to the thing itself, but also the performance of all related duties (for example, payment of debts). Acquisition of escheat property presupposes succession (in contrast to ownerless).