L., Dobrynina Gudovicheva

Heirs under the law of the eighth phase: social and legal criteria of recognition

Authors

L., Dobrynina Gudovicheva

Keywords:

civil law, inheritance, queues of heirs, disabled dependents, disabled people, pensioners, minor citizens, escheat property.

Abstract

Insufficient legislative regulation and, at the same time, rather complicated, in comparison with the criteria laid down in the legislation, application of the rules to dependents as heirs of the eighth priority, raises the question of whether it is realistic to become such an heir without being a relative for the deceased. The signs of a dependent claiming an inheritance are outlined in the law in a general way, which gives room for the discretion of the court to resolve a specific dispute. One of the main problems for recognizing a pensioner as a dependent is the income level of such a pensioner. Today, the visible intention of the legislator, confirmed by the law enforcer, is that only the most socially unprotected sections of the population that have no income fall into this category of heirs.

Heirs under the law of the eighth phase: social and legal criteria of recognition