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Who cannot be the heir?
Persons who are considered unable to inherit:
- intentionally and unlawfully caused the death of the testator or tried to do so
- intentionally and unlawfully put the testator in a situation when he was deprived of the opportunity to express or change his last will until his death
- by coercion or deception, they prevented the testator from expressing or changing his last will, or in the same way forced him to express or cancel his last will, if the testator was not able to express his actual last will
- intentionally and unlawfully removed or destroyed the will or deed of succession, if the testator was no longer able to renew it
- forged the testator’s will or deed of succession or part thereof
A parent of the child cannot be the heir-at-law after the child, if this parent was deprived of the rights to activity of guardianship by court.
If the heir is unable to inherit, another person is called on to inherit, specifically the one who would inherit in case of death of a person unable to inherit before the opening of the inheritance.
In case of a dispute, the court may, at the claim of the person concerned, declare the person incapable to inherit.
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Anastassia Rumjantseva Civil and Family Law Lawyer Author of the text At Kalashnikov Õigusbüroo, we regularly help clients recover…
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