In article the explanation concerning registration of succession laws on deposits concerning which investors made the testamentary disposition in bank is given or having made the will.
On my name deposits in bank are bequeathed
On my name deposits in bank are bequeathed. Where to me obrashhatsya for renewal of deposits by inheritance: in Sberbank or to the notary!
For period, passed since the introduction in validity of the Civil code of Ukraiyona, in practice of its application there were the questions connected with registration of succession laws on monetary deposits concerning which investors made a testamentary rasyoporyazheniye in bank.
Article 564 of the Civil code of USSR which dejstvoval till 1.01.2004 and for today became invalid, it was established that the monetary contribution concerning which the investor made the order to bank, wasn’t a part of a nayosledstvo, in this regard on it the state notary the certificate on the right to a nayosledstvo didn’t stand out.
On this contribution not rasprostranyalis norms about an obyazatelyyony share in inheritance.
The contribution stood out to the person, ukazanyony in a testamentary raspoyoryazheniye, irrespective of vremeni appeals of this person to bank.
For receiving a contribution to a nasledyonik was enough predstavit in bank the document proving its identity, and a sviyodetelstvo on death in
Article 1228 of the Civil code of Ukraine which is valid from 1.01.2004, ustanovlen absolutely other poyoryadok of registration of the nasledyostvenny rights on such in According to this stayoty, the investor has the right to dispose of the right to a contribution in bank (monetary institution) on a case of the smerti, having made the will or sdelav the corresponding rasporyayozheniye to bank (a financial uchyorezhdeniye). The right to a contribution is a part of inheritance nezavisimo from a way of a rasporyayozheniye of. The will, sostavyolenny after was made a testamentary rasyoporyazheniye in bank, in whole or in part cancels it if in the will the person to whom should perejti the right to a contribution or if the will concerns all imuyoshchestvo of a nasledodatel is changed.
The right to a monetary contribution is a part of inheritance nezavisimo from a way of the order to them (the will, the zaveshchayotelny order), and poyoty for registration of the succession laws naslednikam the investor it is necessary obratitsya throughout six mesyayoets from the date of death of the investor in corresponding gosudaryostvenny notarial kontoru in a place of opening of a nasledyostvo for receiving a svidetelyyostvo about the right to inheritance.
The certificate on the right to a nayosledstvo according to the testamentary disposition stands out notariusami after the termination of six months since an inheritance otyokrytiya on an osnovayoniya of documents, which svidetelstvuyut about the fact of death of the testator, a place of opening of inheritance, and also dokumenta which confirms pravo a property nasledodatelya on a monetary contribution, a napriyomer, the savings-bank book.
Besides, on the zaveshchatelyyony orders made by establishments of banks, rasprostranyayutsya Grazhdansyoky’s norms of the code of Ukraine about an obyayozatelny part in inheritance.
Circle of the successors having the right to its receiving, ustanovlen Grazhdansyoky’s articles 1241 of the code of Ukraine. Perechen these persons is ischeryopyvayushchy and to expanded treatment isn’t subject.
Besides, juvenile, minor, soveryoshennoletny netrudosposobyony children of a nasledodatel, the neyotrudosposobny widow (widower) and invalid parents treat such nasledyonik.
The specified persons can’t be deprived by the testator of the right to an obligatory share in inheritance. This right voznikaet at them irrespective of a soyoglasiya of other successors.
The size of an obligatory share in inheritance makes polovinu shares, which prinadlezhala to each of vysheukayozanny persons in case of a nasledoyovaniye under the law.
In practical activities as notaries, and rayobotnik of bank arose problema applications of provisions of the new Civil code of Ukraine to the relations, kotoyory arose to its introduction in action. Namely: what standards of the code are necessary for applying in cases if the zayoveshchatelny order of bank was made till 1.01.2004, that is to a vstupyoleniye in action of the new Civil code of Ukraine, and the investor died in his action (for example, the zaveshchayotelny order was made in bank by the investor in 2003, and the investor in 2004 died).
Thus, in case of death of the investor after 1.01.2004, irrespective of date of drawing up of the zaveshchatelyyony order which it made, are applied a polozheyoniya new Civil kodeksa: successors of the investor address in sootvetstvuyuyoshchy state notariyoalny office for receiving this contribution to inheritance.
In case of death of the investor till 1.01.2004 successors for receiving a contribution to inheritance address in bank in which the contribution (operates the Civil code of USSR) is stored.
(On newspaper materials Crimean news).