Who can (cannot) be an heir
An heir is a person who inherits the entire scope of rights to property and obligations of the testator.
Any living person can be an heir.
An heir may be a legal entity (only by will).
The heir may be a newborn child of the testator, whom he conceived, but did not have time to see, and who had not yet been born at the time of opening the inheritance.
Who cannot be the heir
They do not have the right to inherit a person:
- who intentionally took the life of the testator or any of the possible heirs or made an attempt on their life (except for the case when the testator, knowing this, nevertheless appointed such a person as his heir by will);
- who deliberately prevented the testator from making a will, amending it or canceling the will and thereby contributed to the emergence of the right to inherit from themselves or from other persons or contributed to an increase in their share in the inheritance;
- parents of a child with respect to whom they were deprived of parental rights and their rights were not restored at the time of opening the inheritance (in case of inheritance in law);
- parents (adoptive parents) and adult children (adopted), as well as other persons who evaded the obligation to maintain and search the testator, if this circumstance was established by the court;
- persons whose marriage is invalid or recognized as such by a court decision.
By a court decision, a person may be removed from the right to inheritance by lawif it is established that he evaded assistance to the testator, who, due to his advanced age, serious illness or disability, was in a helpless state.