What objects are not part of the inheritance?

After a hard loss of a person - the death of the testator - usually begins a difficult legal time, which is often complicated by the successors themselves and the variety of property transferred to their property. The quarrels and squabbles that arise between relatives who have their own individual view of the inheritance of property among themselves often accompany the process of sharing what was acquired by the deceased. This is because potential successors are legally illiterate. Not everyone clearly knows that you can get your property from the deceased, and which objects are not part of the inheritance.

In order to facilitate mutual understanding between potential successors in the future, they should carefully study the composition of those objects (things) that they can not transfer to their possession after the death of a relative. And it is advisable to do it in advance.

So, it is necessary to divide into categories things inherited and those that are not part of the inheritance. Immediately after the death of a person whose property is divided subsequently, the legal section of the acquired begins. The total hereditary mass consists of things and other property, including rights and duties.

What can assign successors?

After the death of a relative, you can get:

• All things that were the property of the testator. Typically, this property: a car, a cottage, an apartment, a piece of land.

• Things in relation to which the deceased had another proprietary right. Perhaps there was a land that was made into a lifetime possession with the possibility of further inheritance or easement.
• Securities: stocks, bonds, bills of exchange, savings books, checks and so on. But it is worth remembering that this category can not always be transferred to successors. For example, if a potential shareholder misses the legislative period for their registration in their name, they will be distributed among other shareholders. Therefore, it may turn out that the shares are not included in the composition of the inheritance if they miss the period of their re-registration.
• Property rights that arose from a citizen after proper legal registration with respect to any property, as a result of which he has the right to own, use and manage it. For example, it may be a share in a consumer cooperative, a stake in a joint stock company, and so on. It is important to remember any potential heir: inseparably from the rights are property obligations, ie, actual debts. If they were at the deceased, then they also pass on to the heirs. For example, the debt for alimony that has accumulated during life will have to be paid by the person who took the deceased's property, but the alimony obligations are not included in the inheritance.
• Other material objects. In this category, as a rule, include objects of intellectual activity of the deceased (phonograms, recordings of speeches, etc.), in other words, these are copyrights.

To all listed categories of inherited objects there is one general rule: any thing or thing that is inherited should have belonged to the testator on the right of ownership, which can be proved by any document (extract from the Unified State Register, certificate of ownership , etc.).

Making a will, a person, of course, can include anything in him, the main thing is that it should be part of his property.

Objects that do not inherit

However, there are still exceptions that can not legally pass to the right holder after the death of a relative. We will learn more about this.

Individual rights and duties

These are rights and duties that were closely related to the personality of the deceased. For example, a deceased pensioner with a disability can not transfer the right to retirement to others after death. The right to alimony, as well as to be a member of the party or the right to use office privileges (position), the right to various benefits.

Here is another example: a certain sponsor promised material support to a man who soon died, the promised money will not be inherited. If the deceased paid the loan, then his credit obligations after death are not transferred to relatives, except for cases when his successor in the payment of a loan is not explicitly stipulated in the loan agreement. The one who accepts the inheritance pays, and only in the amount in which he accepted it. If the right holder refuses the property, the credit organization (bank) will independently pay off the balance of the debt.

Rights and duties are not included in the composition of the inheritance, the transfer of which is prohibited by law. In particular, the transfer of state awards to relatives.

Personal non-property rights

The rights that belong to a citizen from birth to death are not part of the inheritance. These are such kinds of rights as: life, health, inviolability of the person and private life.

Other intangible goods

The intangible benefits belonging to the deceased, which he enjoyed under the Constitution, are not included in the composition of the inheritance. For example, as a citizen of the Russian Federation - the right to unimpeded movement throughout its territory, the right to choose a place of residence and so on.

Everyday household items, utensils, household utensils and books are not part of the inheritance. All this goes to relatives and close people with whom the deceased lived and shared it with them. In this case, relatives can share such things among themselves, and maybe they will leave it at the place where the deceased lived.

Rights to provide a specific person

For example, the right to alimony, pensions, allowances and other social payments are not included in the composition of the inheritance .

As it was already noted earlier, for the transfer of property by inheritance, the main criterion is the ownership of it. Otherwise, it will not be possible to transfer it to legal owners in the legal order.

You can give a vivid and common example. During his lifetime, the testator arbitrarily carried out a construction that was not coordinated with the local administration, or seized part of the abandoned land plot and did not properly register it with his property. Unfortunately, this property can not be inherited by succession.