Practical civil law
Replenishment date: 20.11.2014
Content: 41120204801343.doc (226.5 KB)
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Description
Task 1
In the will drawn up by Untov, Kirsanov was named the executor of the will. Untov's property was passed on to three heirs, and all crystal items and silver cup holders were passed on to Kirsanov by will.
After the death of Untov, his heirs demanded that Kirsanov carry out the execution of the will, which Kirsanov refused, referring to the fact that he did not give his consent to be his executor when certifying the will.
The heirs did not agree with his arguments and drew Kirsanov's attention to the fact that he himself is the heir under the will, and the heir does not need consent to be the executor of the will.
Kirsanov also pointed out that after Untov's death, no measures were taken to protect the inheritance, so he does not know whether it was preserved intact or already partially lost. He also does not believe that it was his duty, as executor of the will, to take measures to protect the inheritance.
Questions:
Analyze the arguments of the parties.
What are the functions of the executor of the will? Who and in what order should take measures to protect the inheritance?
Task 2
After the death of her mother, Sigalova settled in her house, where she lived in the summer for several years. Sigalova carried out insurance of the house and adjacent buildings, paid for the consumption of water, gas and electricity.
Four years after the death of her mother, Sigalova applied to the local administration with an application to re-register the building in her name, but she was denied this, since she did not present a certificate of the right to inheritance. Turning to a private notary for a certificate, she also received a refusal with reference to the fact that she had missed the deadline for accepting the inheritance. The notary advised Sigalova to apply to the court to extend the period for accepting the inheritance.
Questions
What should Sigalova refer to so that one can hope for a court decision to extend the term for accepting the inheritance?
If Sigalova does not have sufficient grounds to count on a court decision to extend the period for accepting the inheritance, what legal grounds can she use to obtain a certificate of the right to inheritance?
What actions should be taken by the heir, who received a court decision to extend the period for accepting the inheritance in order to formalize the hereditary legal succession?
Task 3
Several passengers were injured from an accidental explosion on the railway. Among them were the spouses of Nesterenko, taken to the hospital in grave condition. Unable to withstand the operation, Nesterenko's husband died at night, and 9 hours later his wife died. The spouses did not have common children, and the husband did not have parents either. The wife's daughter from her first marriage applied to the notary office with an application for the transfer of both the mother's property and the stepfather's property to her on a certificate of inheritance. She stated that since the stepfather had no legal heirs, his property should have been inherited by her mother, who died later than her stepfather. But her mother was not able to accept the inheritance, and therefore, according to the rules on hereditary transmission, she, the daughter of Nesterenko, does this.
The notary explained to Nesterenko's daughter that she could get a certificate of the right to inherit the mother's property, but she had no right to the property of her stepfather.
Questions:
Does the notary's explanation comply with the law?
What explanation would the notary have to give if it was established that the death of Nesterenko's mother came another day after the death of her husband?
In the will drawn up by Untov, Kirsanov was named the executor of the will. Untov's property was passed on to three heirs, and all crystal items and silver cup holders were passed on to Kirsanov by will.
After the death of Untov, his heirs demanded that Kirsanov carry out the execution of the will, which Kirsanov refused, referring to the fact that he did not give his consent to be his executor when certifying the will.
The heirs did not agree with his arguments and drew Kirsanov's attention to the fact that he himself is the heir under the will, and the heir does not need consent to be the executor of the will.
Kirsanov also pointed out that after Untov's death, no measures were taken to protect the inheritance, so he does not know whether it was preserved intact or already partially lost. He also does not believe that it was his duty, as executor of the will, to take measures to protect the inheritance.
Questions:
Analyze the arguments of the parties.
What are the functions of the executor of the will? Who and in what order should take measures to protect the inheritance?
Task 2
After the death of her mother, Sigalova settled in her house, where she lived in the summer for several years. Sigalova carried out insurance of the house and adjacent buildings, paid for the consumption of water, gas and electricity.
Four years after the death of her mother, Sigalova applied to the local administration with an application to re-register the building in her name, but she was denied this, since she did not present a certificate of the right to inheritance. Turning to a private notary for a certificate, she also received a refusal with reference to the fact that she had missed the deadline for accepting the inheritance. The notary advised Sigalova to apply to the court to extend the period for accepting the inheritance.
Questions
What should Sigalova refer to so that one can hope for a court decision to extend the term for accepting the inheritance?
If Sigalova does not have sufficient grounds to count on a court decision to extend the period for accepting the inheritance, what legal grounds can she use to obtain a certificate of the right to inheritance?
What actions should be taken by the heir, who received a court decision to extend the period for accepting the inheritance in order to formalize the hereditary legal succession?
Task 3
Several passengers were injured from an accidental explosion on the railway. Among them were the spouses of Nesterenko, taken to the hospital in grave condition. Unable to withstand the operation, Nesterenko's husband died at night, and 9 hours later his wife died. The spouses did not have common children, and the husband did not have parents either. The wife's daughter from her first marriage applied to the notary office with an application for the transfer of both the mother's property and the stepfather's property to her on a certificate of inheritance. She stated that since the stepfather had no legal heirs, his property should have been inherited by her mother, who died later than her stepfather. But her mother was not able to accept the inheritance, and therefore, according to the rules on hereditary transmission, she, the daughter of Nesterenko, does this.
The notary explained to Nesterenko's daughter that she could get a certificate of the right to inherit the mother's property, but she had no right to the property of her stepfather.
Questions:
Does the notary's explanation comply with the law?
What explanation would the notary have to give if it was established that the death of Nesterenko's mother came another day after the death of her husband?
Additional Information
Additional information: After the death of Shevelev, who permanently lived in Yekaterinburg, the house that belonged to him on the right of ownership and several contributions made by him in various branches of Sberbank remained. To organize the funeral, Shevelev's daughter, Kurchakova, came from Voronezh. Taking her father's two passbooks on the same day, she tried to withdraw part of the funds from one of the accounts, but was refused due to the fact that she did not have documents confirming the expenses incurred for funerals. She kept both books for herself.
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