Lawless Heart. These words have been around for many years, no one knows who first used them, but they are still relevant today. The issue of consanguineous marriage was hotly debated both 200 years ago and in the modern world. There are always two points of view in any dispute. This question is no exception. Opponents refer to the genetic deviations of children from such a marriage and its unnaturalness, while supporters believe that marriages between relatives, in particular cousins, are a completely harmless phenomenon. Let's try to figure out whose point of view is closer to the truth.

History of marriages between cousins

There are countless examples in history when marriages between relatives were actively practiced. Moreover, the motives for such actions were more often political or financial than love. Imperial or royal dynasties did not want to see people with other blood in their ranks. That is why marriages between brothers and sisters, aunts and nephews took place quite often, because there were not so many representatives of royal dynasties and relatives had to be married.

History also knows of cases of marriages between relatives due to family beliefs, in which it was believed that money should not leave the family. But only a small number of nationalities had such motives.

There were other reasons for such unusual marriages. Aristocratic families very much valued their family, their surname, and the arrival of new blood meant almost the collapse of the ideal family. However, in those days a lot of children were born with mental and physical disabilities.

Family ties: a genetic perspective

Modern scientists, conducting various experiments, have determined that it was consanguineous marriages that became the most important reason for the extinction of the dynasty of the Egyptian pharaohs. They also constantly insist that children whose parents are close relatives are more susceptible to various physical abnormalities. A striking example of this is the children of royal dynasties, who were much more likely than others to have various genetic diseases.

Recently, a theory has also emerged about the benefits of mixing blood. The more blood a child has, the stronger his health and significantly better mental abilities.

Modern research

What can be said about the modern world and, for example, an isolated case of related marriage? Many people wonder whether it is possible to marry a cousin or marry a cousin if there has been no previous marriage of this kind in the family. In this case, scientists do not see anything bad on the part of science if it is isolated. The calculations below are only suitable for cousins; for siblings the statistics are less rosy.

Recent studies by scientists from the United States have shown quite unexpected figures. They concluded that children born to first cousins ​​had a genetic pathology rate of 1.7%. This figure is only slightly higher than that of ordinary couples. Moreover, the risk of having a child with congenital deformities is much higher in people suffering from alcoholism or those who are over 40 years old.

Expert opinion

University of Massachusetts professor Hamish Spencer said that to date, not a single genetic study has given a positive answer that marriages between first cousins ​​pose a great risk to the unborn child. Moreover, it is quite difficult to conduct truly independent and correct research.

The thing is that consanguineous marriages in the civilized world are rather an exception to the generally accepted rules. More than 80% of these babies are born in third world countries. There, consanguineous marriages are quite common. In these disadvantaged countries, the percentage of children with physical disabilities is much higher than in other countries. Therefore, it is almost impossible to give an unambiguous answer as to why the baby is not like everyone else (due to the environment, poor nutrition, poor quality medicine or close family relationships).

Is marriage possible from a legal point of view?

The family law of the Russian Federation clearly establishes cases in which a marriage cannot be registered by law. Close relatives - who are they? Article 14 of the Family Code provides a detailed answer to this question. It says that close relatives cannot become husband and wife. These are brothers and sisters (half and full), relatives in descending and ascending lines, namely: children and parents, grandparents and grandchildren. They are the ones who cannot, according to the laws of the country. But first cousins ​​are not close, so the marriage of first cousins ​​is officially allowed.

Russia is not a unique country in this regard; throughout Europe there is also the opportunity to officially legitimize their relations in this case. Consanguineous marriages are prohibited only in some Asian countries and the United States, but not in all states.

Possibility of getting married in an Orthodox Church

Many couples also often wonder if it is possible to marry a cousin and conduct a wedding ceremony. On the one hand, the Holy Scripture states that marriages of only close relatives are prohibited; first and second cousins ​​are not included in them. However, it turned out that a large number of newborns suffered due to consanguineous marriages. Therefore, it is almost impossible to get married in the Orthodox Church. This is a very problematic situation, where it is difficult to give a definite answer; it is recommended to find out about the wedding directly from the priests in a particular temple.

In most cases, couples in love are denied a wedding. Also denied are half-brothers and sisters, uncles and nieces, aunts and their nephews. In addition to blood kinship, the church does not marry those who have spiritual kinship. That is, the child’s godparents cannot be married. However, on this issue there is a difference of opinion among the clergy. Therefore, it is likely that a certain church will agree to perform this ceremony. Parents and their adopted children are also subject to the wedding ban.

Consequences of marriage between cousins

In addition to religious condemnations and medical indications, lovers face a negative attitude towards such a marriage from other relatives. In the countries of the former USSR, such connections were not practiced at all, so this is alien to the average person. Very often, a couple receives a large portion of criticism from people close to them; sometimes family drama can reach a critical situation.

Modern medicine is capable of many miracles, and in this case it can also help the future family. There is a special genetic examination that can determine the risks of possible abnormalities of a child born in a consanguineous marriage. Such studies can determine with great accuracy whether it is medically safe to marry a cousin.

In the process of examining potential parents, doctors thoroughly examine the diseases of previous generations. Genetics also determine how strong the relationship between husband and wife is. After carrying out fairly complex diagnostic procedures, doctors determine how high the percentage of children with serious genetic abnormalities is.

Summarizing

So, to sum up the question of whether it is possible to marry a cousin, we can say the following. Only close relatives cannot marry each other. We have already found out who this is according to the law. Cousins ​​and brothers are not close relatives. Therefore, they can link their relationship officially. From a medical point of view, the risk of having children in such a marriage with physical and mental disabilities is slightly higher than that of ordinary couples, but this percentage is not critical.

According to the Holy Scriptures, marriage with a cousin is not prohibited in Russia, but historically it has happened that the church is very reluctant to marry such couples.

Putting all the facts together, we can say that marriage between cousins ​​is a very personal matter. However, there are no serious reasons preventing this. Most of the problems are expected precisely because of the local mentality, since the overwhelming majority of citizens of Russia and other CIS countries have an extremely negative attitude towards the registration of this type of marriage.

The aunt is the heir of the second stage. In the first - parents, spouse, children. Cousins ​​are the children of an aunt or uncle - they are only by right of representation for their deceased parents.

Not even the second time. Somewhere in the backyard...

Parents come first, then brothers, sisters, then uncles, then cousins. Or something like that.

Aunts and uncles are the heirs of the third stage. Cousins ​​inherit by right of representation. If there is no one else. That is, first the aunt.

What documents are needed for the right to inherit for a cousin?

Documents confirming relationship are a birth certificate, passport, marriage certificate, as well as a death certificate and documents of the deceased. There must be documents for objects of inheritance (preferably)

After the death of the grandmother, according to the will, the house belongs to the cousin. Can we other grandchildren claim the inheritance?

if there is a will - no. Only disabled children of the grandmother and spouse have the right to a compulsory share. if they are.

If there is a will, then no.

The deceased person left an inheritance in the form of an apartment. The heirs are an aunt and cousins. The heirs are an aunt and cousins. In what shares will they inherit this apartment? 1/3 share each or does the aunt inherit 1/2 share and cousins ​​1/4 share (right of representation)?

The aunt inherits /2, cousins ​​1/2 for two (i.e. 1/4 each), provided that no one refuses the inheritance - Article 1144 of the Civil Code of the Russian Federation.

They are all heirs of the 2nd stage. They will inherit in equal shares.

The aunt will inherit the entire apartment, as the heir according to the law of the nearest (third) line.

in 2008, his cousin died, he had no children and no wife, can I now apply for an inheritance and how to do it

Does he have parents? After the wife and children, they consider the heirs of the second stage - the parents... You are the heir of the third or fourth stage

In principle, it is possible if his parents have already died and his siblings too.

you can, through the court

If there are no heirs of previous lines, you can. Only now the deadlines for entering into inheritance have clearly been missed.

\"Prova\" had to be declared earlier, within six months. And now it’s difficult to “do” this; you need to recognize the reason for missing the deadline for accepting the inheritance as valid...

cousins ​​and sisters inherit by right of representation for the uncle and aunt of the deceased, if all his uncles and aunts have died, then you and all other cousins ​​and sisters are heirs (if not heirs of previous orders) Article 1142. Heirs of the first order 1. Heirs The first priority by law are the children, spouse and parents of the testator. 2. The grandchildren of the testator and their descendants inherit by right of representation. Article 1143. Heirs of the second stage 1. If there are no heirs of the first stage, the heirs of the second stage by law are the full and half brothers and sisters of the testator, his grandparents on both the father's and mother's sides. 2. Children of full and half brothers and sisters of the testator (nephews and nieces of the testator) inherit by right of representation. Article 1144. Heirs of the third stage 1. If there are no heirs of the first and second stages, the heirs of the third stage according to the law are the full and half brothers and sisters of the testator's parents (uncles and aunts of the testator). 2. Cousins ​​of the testator inherit by right of representation.

about the inheritance 5 years ago, my cousin died, which I found out a few months ago by calling him on his home phone. The female voice that answered told me that my brother died in 2005. He was a lonely man, age 77. He had 2 apartments - 1 of his mother, my aunt, the other of his. He has no relatives close to me except me. I would like to know if some kind of will was left in whose name. Where and how can I find out.

Even if there is no will, you can accept the inheritance legally. True, the deadline for acceptance was missed, but you can restore it through the court. Article 1155. Acceptance of an inheritance after the expiration of the established period 1. At the request of an heir who missed the deadline established for accepting the inheritance (Article 1154), the court may restore this period and recognize the heir as accepting the inheritance if the heir did not know and should not have known about the opening of the inheritance or missed this deadline for other valid reasons and provided that the heir who missed the deadline established for accepting the inheritance went to court within six months after the reasons for missing this deadline disappeared. Upon recognition of the heir as having accepted the inheritance, the court determines the shares of all heirs in the inherited property and, if necessary, determines measures to protect the rights of the new heir to receive the share of the inheritance due to him (clause 3 of this article). Previously issued certificates of the right to inheritance are recognized by the court as invalid. 2. An inheritance may be accepted by the heir after the expiration of the period established for its acceptance, without going to court, provided that all other heirs who accepted the inheritance consent to this in writing. If such consent in writing is given by the heirs not in the presence of a notary, their signatures on the consent documents must be certified in the manner specified in paragraph two of paragraph 1 of Article 1153 of this Code. The consent of the heirs is the basis for the notary to cancel a previously issued certificate of the right to inheritance and the basis for issuing a new certificate. If, on the basis of a previously issued certificate, state registration of rights to real estate was carried out, the notary's decision to cancel the previously issued certificate and the new certificate are the basis for making appropriate changes to the state registration record. 3. An heir who accepted an inheritance after the expiration of the established period in compliance with the rules of this article has the right to receive the inheritance due to him in accordance with the rules of Articles 1104, 1105, 1107 and 1108 of this Code, which in the case specified in paragraph 2 of this article are applied insofar as the agreement concluded in writing between the heirs does not provide otherwise.

You are a real sister, you haven’t called for 5 years, and now you have found out this news and decided to take over the APARTMENTS for yourself. Excuse me, of course, for the rudeness of SHIT TO YOU. You had to look after him, and then you would have gotten an apartment. Most likely, strangers looked after him, AND THAT'S WHAT THEY GOT. SHAME ON YOU!!!

If the brother did not have closer relatives, then the cousin can inherit his property even in the absence of a will. But all conceivable deadlines for this have long passed, Lyudmila...

In this situation, the issue will only be resolved in court. If the court considers it possible to restore the deadline for accepting the inheritance (if you have good reasons why you missed the deadline), you will be able to formalize inheritance rights (if your brother did not make a will for a third party...). Good luck!

It's a little expensive for strangers to court. I would like a job like this. In short, you go to court and put everyone there in their place. You can find out from a notary at the location of the property. All the same, if there was a will, it was registered with the notary who conducts the business in this area.

The reason for restoring the deadlines for accepting the inheritance must be valid, but how can you explain the fact that for six years you were not interested in the fate of your brother?

My cousin asks me to inherit from his mother, what could this mean for me?

Be careful, there are inheritances with encumbrances, i.e. with debts.

the debts are apparently there

if your aunt has debts, pay them off to you

Accept the inheritance And the testator's debts are paid within the limits of the inherited property... so you don't lose anything

What he asks doesn't matter. You have no rights to your aunt’s inheritance while her son is alive and while your parents are alive.

This may result in you acquiring an inheritance. If the testator is in debt, give it back, only with the courts and a lot of wasted time.

Nothing. You will receive an inheritance, and if you have debts, you will pay it off within the limits of the inheritance.

My cousin is incapacitated, under the care of a mental institution. How can I avoid losing his apartment? Can I arrange an inheritance in advance?

The inheritance is formalized only after the death of the testator. Your brother is alive, so there can be no talk of any inheritance. If you are so worried that someone will take advantage of his incapacity and deceive him, then try to re-register ownership of his apartment. The options are different. Please note that the guardian is a boarding school. Naturally, they will try in every possible way to alienate his property in their favor, and not in yours.

inheritance My father's cousin's wife decided to leave me two apartments. My brother died a long time ago. On his side there is a daughter from his first marriage, she did not put forward rights to inheritance. On his wife’s side there is a niece (daughter of a cousin). Basically, we are not her blood relatives, but she wants only us to inherit her property!!!
The question is whether the relatives can challenge her will and in whose favor the court will consider it. And if they can, then how can we formalize everything legally so that we don’t have any problems and hassles in the future????

thanks for answers.

If there is a will, the will is valid. Theoretically, relatives can challenge the will. But practically for them the result will be zero. And so that it is completely reliable, as you want. then let your father’s cousin’s wife give or sell these apartments to you during her lifetime.

They will be able to challenge the will; it would be better if she gave you the property - it will be more difficult to challenge

Where is the justice? My cousin gets the whole inheritance, but I only have the jewelry!

Grandfather or grandmother, apparently, left an inheritance? Life, what can you do... Wish him all the best in the next world, you'll earn it for yourself!

And who knows, what if this jewelry is twice the size of the inheritance?? :)

If the testator is your uncle, or aunt or their parents, your cousin is the heir of the first turn. Jewelry is also good...))))

This is a question not for lawyers, but for the conscience of testators! From the point of view of the law, everyone has the right to dispose of their property as they see fit.

Receiving an inheritance

Girl, who died after all?!! Your cousin or your father's cousin?? If your father’s cousin has died, then if he does not have a will, you will have no chance: Article 1144 of the Civil Code. Heirs of the third stage 1. If there are no heirs of the first and second stage, the heirs of the third stage according to the law are the full and half brothers and sisters of the testator's parents (uncles and aunts of the testator). 2. Cousins ​​of the testator inherit by right of representation. That is, those two cousins ​​will inherit by right of representation as heirs of the 3rd stage. Next: Article 1145 of the Civil Code of the Russian Federation. Heirs of subsequent orders 1. If there are no heirs of the first, second and third orders (Articles 1142 - 1144), the right to inherit by law is given to relatives of the testator of the third, fourth and fifth degrees of kinship, not related to the heirs of previous orders. The degree of kinship is determined by the number of births separating one relative from another. The birth of the testator himself is not included in this number. 2. In accordance with paragraph 1 of this article, the following are called upon to inherit: - as sixth-degree heirs, relatives of the fifth degree of kinship - children of cousins' grandchildren and granddaughters of the testator (great-great-grandsons and great-granddaughters), children of his cousins ​​(great-nephews and nieces) and children of his great-uncles and grandmothers (great uncles and aunts). And you, if I understand correctly, are precisely the daughter of the testator’s cousin (great niece) - i.e. this is the 6th line of inheritance. In this case, all the sisters “win” as representatives of the 3rd line in the absence of a will of the testator.

Please tell us your situation in more detail and I will try to answer your questions in a simple and accessible form.

There is no chance for you, because... This is not your brother, but your father's.

hello! please tell me who has the right to inheritance, if after the death of my cousin he still has

Who is left? - The wife is half of the common property, of course, and of the remaining half she is entitled to another half. A quarter for the children, etc. That means it’s half and half between them. If there are no people to whom he owes something (alimony, dependents, credit, etc.)

inheritance issue

In the third - cousins

In the event of the death of a person who was called to inherit by right of representation, his heirs cannot be called to inherit. More details - .

The third line of heirs by right of representation is the last! :)

Why are you too lazy to open and analyze the norms contained in the original source? Article 1146. Inheritance by right of representation 1. The share of an heir by law who died before the opening of the inheritance or simultaneously with the testator passes by right of representation to his corresponding descendants in the cases provided for in paragraph 2 of Article 1142, paragraph 2 of Article 1143 and paragraph 2 of Article 1144 of this Code, and is divided equally between them. http://www.consultant.ru/popular/gkrf3/6_3.html#p313 © ConsultantPlus, 1992-2013 PS What kind of “Consultant” are you, if you don’t know that they don’t enter into an inheritance, they accept it? They enter into inheritance rights, not inheritance. You cannot enter into an inheritance, this is not a piece of shit and not a party.

Restoring the deadline for entering into an inheritance Hello, I’ll try to explain the situation:
My cousin lives in Yaroslavl. He had a living mother and brother who lived together in the Murmansk region.
He also had a father who lived in the Tver region. Mother and father were divorced.
In 2006, his brother dies, the mother wanted to inform the father about the death of her son, the letter was returned with the mark \"the addressee died\". The mother did not inform her son, who lives in Yaroslavl, about his father’s death for a long time.
A year ago my mother died.
The father had a house, there were no other children.
Is it possible to restore the period of inheritance?
How can you confirm that the son did not know about his father's death?
What are the chances?

Maybe. for example, witnesses. chances are high

You see, the problem is that everyone can enter into an inheritance within 6 months (who naturally has the right to it). Then that's it! The one with whom the person (deceased) was registered can join, even for at least 10 years and so on... But of course there is a chance, but you only need a strong lawyer.

You can restore the deadline for accepting an inheritance by providing documents confirming a valid reason for the missed deadline. The fact that the heir did not know about the death of the testator is not a valid reason. If you can provide the court with certificates of a long illness or business trip, then it is quite possible to restore the deadline for accepting the inheritance. GOOD LUCK!

As I understand it, you are the only heir! Restore your rights through the court! It will be more difficult if he had a second family. It all depends on how you can prove the missed deadline. I think there are chances!

Judicial procedure for restoring the deadline for accepting an inheritance: The procedure for such restoration of the deadline is subject to certain rules: firstly, only the heir himself who missed the deadline for accepting the inheritance can apply to the court with a corresponding application, in this case you, secondly, an appeal to the court must follow no later than 6 months after the reasons for missing the deadline no longer exist. The deadline for accepting the inheritance is subject to restoration by the court, provided that the heir proves that the reasons for missing it are valid. An heir who misses such a deadline is deprived of the right to restore the deadline for accepting the inheritance. Please note: valid reasons for missing a deadline are: the heir did not know and should not have known about the opening of the inheritance, i.e. about the death of the testator; serious illness, helpless condition and illiteracy of the heir. Your reason is certainly positive, a competent lawyer, testimony - and everything will be fine. Don’t give it to the state! And that’s not what happened.

A cousin died, there are no direct heirs. Can I (my cousin) claim an inheritance, my common-law wife? My cousin has died, there are no direct heirs. Can I (my cousin) claim an inheritance and can my common-law wife (they lived together for 8 years) also what documents are needed for this. We want to leave the property (house) to our common-law wife and take the contribution.

In addition to direct heirs - heirs of the first stage, there are also heirs of the second stage. The heirs of the second stage according to the law are the full and half-siblings of the testator, his grandparents on both the father's and mother's sides. Children of the testator's full and half-siblings (nephews and nieces of the testator) inherit by right of representation. You, as a cousin, are the heir of the third line. ST. 1144 of the Civil Code of the Russian Federation Article 1144. Heirs of the third stage 1. If there are no heirs of the first and second stages, the heirs of the third stage according to the law are the full and half brothers and sisters of the testator's parents (uncles and aunts of the testator). 2. Cousins ​​of the testator inherit by right of representation. If there are no heirs in either the first or second order, you can accept the inheritance by performing certain actions (the notary will explain). But according to Art. 1152 of the Civil Code of the Russian Federation in your case you will be obliged to accept the entire inheritance. Acceptance by the heir of part of the inheritance means acceptance of the entire inheritance due to him, no matter what it is and no matter where it is located. When an heir is called to inherit simultaneously on several grounds (by will and by law or by way of hereditary transmission and as a result of the opening of an inheritance, etc.), the heir may accept the inheritance due to him on one of these grounds, on several of them, or on all grounds . Acceptance of inheritance under conditions or with reservations is not allowed. Thus, after accepting the inheritance and entering into inheritance rights by law, you will have all the rights to dispose of this inheritance at your discretion. In the Family Code there is no concept of "Civil marriage and common-law wife", there is only a registered marriage and spouses. Your brother's partner cannot be his heir. Therefore, you can conclude an agreement with her (written or oral, notarized or not at your discretion) that after you enter into inheritance rights, you leave something to her and take something for yourself.

You may be third-degree heirs by right of representation. A common-law wife is not an heir.

You have the right to contact a notary with an application to enter into an inheritance. The cohabitant has no rights to inheritance.

if your brother does not have a will and there are no more heirs, then you have the right to contact a notary. Your husband's partner has no right to inheritance. If you want to leave her something, you will have to, after registering ownership of the house, for example, give it to her...

Article 1144. Heirs of the third stage 1. If there are no heirs of the first and second stages, the heirs of the third stage according to the law are the full and half brothers and sisters of the testator's parents (uncles and aunts of the testator). 2. Cousins ​​of the testator inherit by right of representation. You need to contact a notary, presenting your passport, death certificate and documents confirming your relationship with the deceased and write an application for acceptance of the inheritance. The notary will issue a list of those required for representation in the inheritance case. A common-law wife is not an heir. You have the right, after receiving a Certificate of Inheritance and subsequent registration of real estate with the Federal Reserve System, to give a house to your cousin’s live-in partner.

A cohabitant cannot be an heir. Only common children, if any. You can only inherit if there are no children, no parents, no grandchildren, no brothers and sisters

A common-law wife may have ownership rights to a share in the property if she proves that she participated in the acquisition of this property through documentation. But she is not the heir. Needed within 6 months. claim your rights to inheritance from a notary, write a statement. The notary himself will give a list of documents, issue a request for the BTI, land cadastre, and the bank

After the death of her cousin, a year later she received 1/2 of the inheritance. The notary did not give out the second part, stating that there should be

Submit an application to the notary for the issuance of a Certificate of Inheritance for another part of the inherited property. In case of refusal, you can appeal the unlawful actions of the notary in court

If no one has claimed the right to inheritance, then you can claim the second half. And if no one presented it in writing, then why didn’t you receive everything? You can safely go to court.

You have the right to familiarize yourself with the materials of the inheritance case - this is how all documents related to this testator and his property are collected. It is possible that other heirs sent a letter to the notary by mail (so as not to miss the deadline), but have not yet provided any documents. A notary cannot refuse to issue you a certificate of inheritance without grounds. If you do not agree with the actions of the notary, ask for a Resolution to refuse to perform a notarial act, which you have the right to appeal in court. Good luck!

inheritance a month ago my cousin died. His second cousin was registered with him (he was registered several months ago so that the apartment would not disappear). Does my mother, who is the deceased’s aunt, but is not registered there, have the right to inheritance, if the apartment is privatized, and if it is not privatized? Thank you in advance. Tatiana.

If the apartment is not privatized, it will not be included in the inheritance mass. Her employer will be the one who is registered in the indicated residential area. area. If the apartment is privatized, it will be divided among the heirs. The testator's aunt is the third-priority heir by law - Art. 1144 of the Civil Code of the Russian Federation. Therefore, if there are no heirs of previous orders, she will be able to formalize inheritance rights in relation to this apartment. Please note that the aunt will need to present to the notary documents confirming the family relationship with the testator. The place of residence of the heirs does not matter. Good luck!

if it is privatized, then it has in the absence of heirs of previous orders (parents, children, spouses, grandparents, siblings), if it is not privatized, then no

the fact of registration in the testator’s apartment does not provide any advantages in the order of inheritance. if the apartment is not privatized, then there is essentially nothing to inherit since the apartment is the property of a municipal body or organization on whose balance sheet the house is located.

If there are no heirs in the previous line, then the aunt has a better chance of receiving an inheritance, since she is the heir in the third line, and the nephews are in the next line. Registration and privatization do not affect inheritance by law))) Since the apartment still belonged to the brother. .

If priv then it has!

A cousin died who did not have time to apply for his mother’s inheritance under the will; the period of 6 months had not expired. A cousin died who did not have time to apply for his mother’s inheritance under the will; the period of 6 months had not expired. His mother indicated only him in her will. There are such heirs as 1st priority. grandson from her first son (this son died in 2001), as well as: mother’s nieces from her brother (also deceased long ago), mother’s own aunt, this aunt’s son, cousins ​​of the brother himself. The question is, after the death of a brother, does the will become meaningless or not? and who in this case, after the grandson, takes turns claiming the inheritance?

The inheritance will now be received by the heirs according to law. The grandson, by right of representation for the deceased father, who did not manage to receive it during his lifetime, will receive the entire inheritance belonging to the grandmother on the day of her death. The will, of course, loses its meaning, since the one to whom it was bequeathed has died. Present to the notary a passport, Birth Certificate of a grandson, father (to confirm relationship), Death Certificates of father and grandmother, Documents for inherited property and write an application for acceptance of the inheritance.. Upon presentation of the remaining documents, the notary will issue a list according to which the heir will collect them .

Irish, honestly, in order to understand all the relatives you wrote, you need to take 200 grams... Ask a simpler question... well, for SUCKERS...

If the deceased has a wife or children, then they inherit. If there are none, then the grandson inherits by law. The rest are not heirs in this case.

And when an application for inheritance is submitted, it may need to dry out first, and then remember who the fourth cousin is.

Wow, they said how interesting and varied it is... But in fact, everything is very simple - everything is determined by the norm on HEDIRED TRANSMISSION - Art. 1156 of the Civil Code of the Russian Federation. \"If an heir, called to inherit by will or by law, died AFTER the opening of the inheritance, WITHOUT MANAGING TO ACCEPT IT within the prescribed period, the right to ACCEPT the inheritance due to him passes to his heirs by law, and if all the inherited property was willed - to his to the heirs under the will (hereditary transmission)...\" So the WILL remains in force and the RIGHT TO ACCEPT everything bequeathed to your deceased cousin passes to HIS heirs (by law or by his will). And all the mother’s relatives listed in the question, starting with the grandson and including nieces, aunts and others, can not worry and rest on the sidelines... *Unless, of course, among them there are those who have the right to an obligatory share in the inheritance)

inheritance My cousin died, I was left with a 2-room apartment, there are no more relatives besides me, my cousin’s apartment, can I apply for this apartment? If so, where should I turn first?

First of all, to the notary at your brother’s place of residence (if in Moscow, then to any notary) with documents confirming your relationship, your brother’s death certificate and title documents for the apartment (if there are any, and if not, the notary will give a request for copies in the Federal Registration Service and the BTI). Cousins ​​inherit by right of representation (Part 2 of Article 1144 of the Civil Code of the Russian Federation), i.e., in order to enter into inheritance rights, you will also need documents on the death of your parents (i.e., the testator’s uncle or aunt) provide. For Dasha Rudneva’s information: non-privatized apartments are not inherited at all.

yes, you can if it’s privatized, it’s more difficult if it’s not, but in general, go to good lawyers

First of all, go to the notary at the place where the inheritance was opened, and there declare your right to it. If the apartment is privatized and there is no will - go ahead!

If there is no will, then you are one of the third-ranking heirs by right of representation (that is, for your mother or father). If there are no heirs of the first and second stages, then contact the notary who services the street on which the house is located.

If the apartment was owned by a brother, then all you need to have is documents confirming the relationship!!! Then take 1. Death certificate + copy 2. If the inheritance is accepted by law, documents confirming the relationship with the deceased are required (Birth Certificate, Marriage Certificate, Name Change Certificate, Adoption Certificate + their copies) 3. Certificate about the last permanent place of residence of the deceased (registration at the place of residence) in Moscow on the day of death (from the EIRTS, DEZ, housing cooperatives, HOAs, REU, passport office) 4. An extract from the house register from the last place of residence of the deceased, with a note about deregistration accounting (passport office) 5 TITLE DOCUMENTS FOR INHERITED PROPERTY 6. Personal presence of the heir (heirs) with a passport. /or their authorized representative/ TITLE DOCUMENTS FOR INHERITED PROPERTY 1. Documents of ownership (Transfer Agreement, Certificate of Housing Ownership, 2. Sale and Purchase Agreement, Exchange Agreement, Rent Agreement, Certificate of Inheritance, 3. Certificate of Inheritance, state registration of rights, etc.) 4. BTI documents (floor plan, explication, certificate of value on the day of death)

To the notary with an application for acceptance of the inheritance and issuance of a certificate of inheritance.

Of course, if the apartment is privatized, then you will receive it. Go to the notary with documents for the apartment, the death certificate of your brother and confirmation of relationship with certificates - the notary will open the case and tell you what to do next...

Is the cousin the heir? This is the situation. My grandmother died not long ago, and she inherited a house in the village. The house is privatized entirely for the grandmother. My grandmother had two sons, one of them was my father. The second son (my uncle) died more than 10 years ago. my uncle has a son (my cousin). Is my cousin an heir? If so, what order of heir? Thank you in advance

Your father and your cousin will inherit. If your father is no longer alive, then you and your cousin will be the heirs in equal shares.

yes, you and your brother are heirs of the 2nd stage

Of course, he is also an heir, I think of the third order. if there are no other direct relatives then you, your father and your cousin are the heirs

Your father (your grandmother's son) remains the only heir of the first line.

Civil Code of the Russian Federation Article 1142. Heirs of the first stage 1. Heirs of the first stage according to the law are the children, spouse and parents of the testator. 2. The grandchildren of the testator and their descendants inherit by right of representation. The grandchildren of the testator - blood relatives of the second degree in a direct descending line (children of a son or daughter), as well as descendants of an adopted person (children of an adopted person) - are heirs by law if at the time of opening of the inheritance one of their parents who would be the heir is not alive ( inheritance by right of representation).

In this case, the heirs are your father and your cousin.. They are heirs of the first order.. The brother inherits by right of representation..

Right to inheritance task \"My cousin's children live in France. After the death of their brother, they did not want to deal with the inheritance. My aunt called them repeatedly and asked to refuse the inheritance. 3 months have passed, there are no relatives except me and my children. Can my aunt accept the inheritance ?\"

I recommend that you take the Civil Code of the Russian Federation and carefully read Art. 1141 - 1159, and independently try to figure out the order of inheritance according to the law. I'll give you a hint - where the children live is completely unimportant. Good luck!

They enter into inheritance after six months, the aunt can enter if she has written an application for entry into the right to inheritance. But then the children can still challenge it.

If your aunt is the mother of your cousin (since you have no other relatives), then she is the heiress of the first line and must enter into the inheritance - the application is written within six months, the notary can safely write off 1\\3 of the inheritance, or all if other heirs do not appear.

Does a cousin have the right to inherit if there are no other relatives? My mother is caring for my father’s cousin (a disabled person who cannot move on his own), she wanted to arrange guardianship, but doctors are preventing her from completing the relevant documents, my mother previously entered into an oral agreement with him that he would inherit her room, but now he has reached the point of legal registration, refuses to do so. If suddenly this disabled person dies, does she have any rights to his property? or father as a cousin?

Yes, cousins ​​are heirs by right of representation (that is, if at the time of the death of the testator their parents (the testator's uncle and aunt) are not alive). They belong to the heirs of the third stage (Article 1144 of the Civil Code of the Russian Federation). The problem, most often, is to provide the notary with all the documents confirming the family relationship. Therefore, in this case, the best option is a will. Good luck!

If there are no relatives or spouses of previous orders, then all other relatives (not direct or collateral) inherit. Yes, in that case, it does

if your uncle has no other relatives, then perhaps it will be your father’s turn

first, the children, spouse and parents inherit; if they do not exist, then the full and half-siblings of the testator, his grandparents on both the father’s and mother’s sides. only then, if there are no second-rank heirs - uncles and aunts (Articles 1142-1144 of the Civil Code of the Russian Federation), the testator's cousins ​​inherit by right of representation for the third-rank heirs by law, that is, the full and half-blood brothers and sisters of the testator's parents ( testator's uncles and aunts). This means that cousins ​​inherit due to the fact that their parents (uncles and aunts of the testator) died at the time the inheritance was opened or at the same time as the testator.

The room can disappear from under your nose. If your uncle decides to issue a deed of gift to any other person.

Heirs up to the seventh stage have the right to inheritance. But where are the guarantees that closer relatives will not show up? There are no such guarantees. So let her persuade her grandfather to transfer the property to her as an inheritance during his lifetime. You can call a notary at your home.

Do I have the right to inherit? Two sisters and one brother of my father (deceased) inherited the apartment of their cousin (he had no other relatives), do I and my sister have the right to part of the inheritance? If possible, please provide a link to the law.

Article 1146 of the Civil Code of the Russian Federation. Inheritance by right of representation 1. The share of an heir by law who died before the opening of the inheritance or simultaneously with the testator passes by right of representation to his corresponding descendants in the cases provided for by paragraph 2 of Article 1142, paragraph 2 of Article 1143 and paragraph 2 of Article 1144 of this Code, and divided equally between them.

There are many nuances. You will have to prove your belonging to the inheritance.

Yes, you have the right. Read Chapter 63 of the Civil Code of the Russian Federation.

Children inherit in place of their deceased parents by right of representation

you have the right to inheritance only in accordance with the provisions of Art. 1146 of the Civil Code of the Russian Federation. inheritance by right of representation.

please tell me whether cousins ​​(sisters) are entitled to a share of the inheritance if the direct heir is alive?

only if this is written in a notarized will.

If there is no will for them, then no.

no they don't have

Nina! You write:\"father died in 96\". Why then do you raise the issue of acquiring an inheritance 14 years later? If you found out about the bank account included in the inherited property only now. This issue can only be resolved in court.

Is hatred of siblings, cousins, and second cousins ​​characteristic only of representatives of dynasties due to the competitive struggle for inheritance and throne?

No. There are many other reasons for enmity, even within the family. Envy, dissimilarity of characters and the need to communicate. Personal reasons... You never know...

no, not only. . We are not a dynasty, not a clan, but my dad was killed for his apartment, which is located on Kutuzovsky Prospekt. They took away the dacha in Odintsovo, and now they are trying to take away the apartment. Therefore, not only clans have problems with this....

But does hatred have to be present? I was here recently at the anniversary of a 70-year-old woman - my heart just rejoiced at how reverently her children and grandchildren, including cousins ​​and second cousins, treated her, how friendly they all were with each other! And when the cousins ​​lined up for a souvenir photo... twenty young handsome guys and men - some have settled down in this life a little better, some a little worse, but this does not stop them from communicating, helping and supporting each other! It all depends on what message is given in early childhood by adults, whether they talk about relatives in the house with love and warmth or with envy and jealousy... As always, everything is in our hands... The kindness given to others will definitely come back to you a hundredfold!

How to recognize the relationship of the cousin of a deceased cousin. brother, for inheritance (the archive has not been preserved, there are no more relatives)

If there are no documents confirming family relations, the fact of relationship can be established in court. Good luck!

Difficult. The point is also that the testator’s cousins ​​inherit only by right of representation... But you can try, for example, by attracting witnesses who are ready to confirm the specified relationship.

In court, provided that the registry office has issued a certificate stating that it is impossible to confirm the relationship out of court. If there is no dispute about the right, an application to establish the fact is submitted to the court at the place of residence of the applicant; if there is a dispute with other heirs (or other interested parties), a claim is filed, in accordance with the jurisdiction.

only by birth certificate

the inheritance from my cousin left an apartment, heirs: me, my brother and the aunt of the deceased brother. The aunt is the sister of the deceased brother. What is my share 1/4 or 1/3?

I don’t know how it is in Russia, but in Ukraine, if I understand correctly, you and your brother are not heirs at all, the heirs are your father or mother and, of course, your aunt

inheritance by will or by law? if by will, then 1/3, and if by law, then you need to look at whether the cousin has children, in general, whether there are any other relatives

I'm afraid your brother and I won't get your turn at all - you are heirs only of the third line. And the aunt is the second (if according to Russian legislation).

Are husband and wife related or not? It is this question that we have to study further. Russian legislation in this area has many issues and nuances. If you learn about them, you can avoid a huge number of problems. So are spouses related to each other?

Blood relations

The answer is actually not as simple as it seems. It all depends on the situation and how one understands direct kinship.

From a biological point of view, spouses are not relatives. They are two separate independent individuals who produce offspring. Are husband and wife related? No. They have no blood relationship.

By the way, marriages between close relatives are prohibited in Russia. Therefore, even from the point of view of legislation, spouses cannot have common relatives. Otherwise, the marriage will not be concluded in the registry office.

Civil marriage

Is a wife legally related to her husband? As a rule, they do not talk about biological kinship in the legislation of the Russian Federation. Can spouses be considered related to each other in a legal sense?

No, if we are talking about living in a civil marriage. More precisely, about cohabitation - when a couple lives together, leads a common life, sometimes even has children, but their relationship is not officially registered in the registry office.

Accordingly, the spouse in such a marriage will lose many rights offered by the state to official husbands and wives. But more on that a little later. To begin with, it is necessary to find out whether persons who entered into a marriage can be considered relatives.

Official relations

Are husband and wife related or not? If living together is secured by registration in the registry office, then so-called family relationships arise between people. From the moment of marriage, spouses are considered members of the same family.

In part, they can be called relatives. However, some areas of Russian legislation place spouses in a separate category. Thus, husband and wife are members of the same family. Every citizen should remember this fact.

Criminal and Civil Law

Now a little about what exactly the legislation of the Russian Federation says regarding family ties between spouses. In Criminal Law there are the concepts of “spouses” and “close relatives”. Thus, there is no need to testify against these categories of citizens. Close relatives usually include parents, grandchildren, grandparents, brothers and sisters. Spouses, as is easy to see, belong to a different category of citizens. Is the husband related to the wife? According to criminal law, no. A spouse is a member of a new family created by registering the relationship between a man and a woman in the registry office.

Similarly, spouses can be classified as a separate category in civil law. When arrested, all close relatives are required to notify about this event. And that is why questions arise regarding the family ties of the spouses. After all, a citizen can only have family members, not relatives. In this case, husbands and wives can be interpreted as close relatives.

Tax law

In Russia, certain tax benefits are provided for citizens conducting certain transactions with close relatives. So, for example, you can count on:

• exemption from tax on transactions;
• no need to pay taxes;
• transfer of inheritance and gifts without additional costs.

Are husband and wife legally related in this area? Yes. The term “close relatives” in Tax Law usually means not only brothers, sisters, grandparents, grandchildren and parents, but also spouses.

Housing Code

But in Housing Law there is no concept of kinship as such. Instead, the term "family member" is used. Are husband and wife related or not? In Housing Law, spouses are considered members of the same family. Therefore, we can assume some kind of relationship between them, secured not by blood, but by a legal document.

It is also customary to include parents of spouses and children as family members, especially if they all live together. If a third person moves in with blood relatives, he will automatically be recognized as a family member, despite the lack of real kinship.

Labor Code

A very mixed picture is emerging in the field of Labor legislation. Is the wife a close relative of her husband? It's difficult to answer. As practice shows, each employer decides on his own.

In the Labor legislation of the Russian Federation, close relatives are prohibited from working in the same municipal institutions, especially subordinate to each other. Also, when accepting a citizen for public service, all close relatives will be checked for criminal records.

In fact, in some companies, spouses are not considered close relatives. They work calmly together. When hired by government organizations, a husband/wife will most likely be checked for a criminal record. Therefore, we can come to the conclusion that the Labor Code of the Russian Federation does not provide an accurate definition of the relationship of spouses.

Hereditary matters

Are husband and wife legally related? Based on all of the above, we can come to the conclusion that in general the spouses are related to each other, although not by blood. Only in some cases will the husband/wife be classified as a separate category of family member.

In inheritance matters, kinship plays an important role. Especially if property is transferred to citizens without a will. In hereditary matters there are several lines of kinship. If there is no will, then the property is divided according to law. And here the degree of relationship with the citizen plays a role.

Are husband and wife related or not? If we talk about inheritance matters, then spouses are one of the main heirs. They, like children, are the ones who receive the inheritance first. This means that the wife and husband are relatives to each other.

Medicine

What can we say about medicine? The fact is that medical organizations have a certain internal routine. For example, they cannot disclose information about patients’ health status to third parties. And only close relatives can visit the seriously ill.

In this situation, the presence of a registered marriage plays a huge role. Official husband and wife are considered relatives in medicine. In a civil marriage, there is no kinship as such. Medical institutions treat common-law wives and husbands as strangers.

Results

Based on all of the above, we can come to the conclusion that the topic under study in Russian legislation does not have an unambiguous interpretation. Are husband and wife related or not? It all depends on the circumstances and the area of ​​law/life involved.

Husbands and wives are 100% members of the same family and spouses. Some believe that they become relatives to each other at the moment of marriage. Someone expresses the opinion that spouses receive the status of relatives after the birth of common children.

Most often, husbands and wives are considered as relatives, but not blood. Former spouses are former relatives, but nothing more. Often they are not considered close people at all.

Close relatives are most often parents, brothers, sisters, wives, husbands, granddaughters, grandchildren, grandparents, children. Usually the latter refers to not only relatives, but also adopted children. All this needs to be paid attention to. Especially in hereditary disputes. Close relatives and spouses in Russia are almost the same thing. Therefore, we can say with confidence that husbands and wives in an official marriage have quite a lot of rights and opportunities.

In everyday life, we hardly think about who our close relatives are. We call close - all blood and step-relatives from the same generation, as well as from the older or younger generation.

But in addition to the simple, philistine idea of ​​kinship relationships, there is an official, legal definition of this phenomenon.

Confirmation or refutation of a close family relationship may be required in many legal respects:

• upon marriage;
• upon deprivation or limitation of parental rights;
• when drawing up contracts;
• when paying taxes and state duties in case of receiving an inheritance or gift;
• when involved as witnesses in criminal proceedings;
• when inheriting by law, by will;
• when moving in and out of residential premises;
• upon employment, receiving paid and unpaid leaves, additional payments.

For example, the order of inheritance by law assumes that the priority applicants for inheritance are close relatives belonging to the first and second lines of inheritance. In other cases, if the testator left a will in which he indicated that the heirs were “close relatives”, but did not indicate specific persons, the husband or wife of the testator may find himself without a share, since by law he does not belong to this category.

But the given list of legal relations that follow from the concept of close kinship is far from complete.

The concept of kinship from the point of view of law is complex and ramified. In this article we will look at who is called a close relative by the legislation of the family, labor, housing, administrative and criminal branches of law.

Close relatives and family members

Oddly enough, in Russian legislation there is no uniform idea of ​​kinship relations. Each branch of law categorizes different individuals as close relatives.

Close relatives

Close relatives are direct ancestors or descendants along a vertical line (children and parents, grandparents and grandchildren, granddaughters), as well as along a horizontal line (full, half-sisters and brothers). Close kinship is based on the principle of common blood.

However, there are exceptions to this principle. So, despite the presence of consanguinity, great-grandmother, great-grandfather and great-grandson, great-granddaughter are not close relatives. Uncle, aunt and niece and nephew, cousin and cousin are not close relatives.

On the other hand, despite the lack of consanguinity, adoptive parents and adopted children are recognized as close relatives, the relationship between whom is identical to the relationship between children and parents.

As for the relationship between spouses, according to the principle of common blood, a husband and wife are not recognized as close relatives. The law calls such relationships a property. In-laws are also considered relatives from the spouse's side - mother-in-law and father-in-law, mother-in-law and father-in-law, son-in-law and daughter-in-law.

• common-law spouses;
• guardians, trustees and wards, wards;
• sister's husband, brother's wife.

Family members

The concept of family members is much broader. According to the Housing Law, a family is considered to be all persons living in the same residential premises, even not the closest relatives, for example, mother-in-law or father-in-law, mother-in-law or father-in-law, cousin or sister.

The concept of “close relatives” in the legislation of the Russian Federation

Constitution

Article 51 of the Constitution of the Russian Federation affirms one of the principles of criminal law - “no one can be obliged to testify against himself, against his spouse and close relatives” - while indicating that the circle of close relatives is determined by federal legislation. First of all, such a legislative act is the Family Code of the Russian Federation, as well as other legislative acts that we will consider below.

Family law

According to Article 14 of the RF IC, close relatives are...

• children and parents;
• grandfathers, grandmothers and grandchildren, granddaughters;
• sisters and brothers (full - having common parents, not full - having a common father or mother).

Administrative legislation

According to Article 25.6 of the Code of Administrative Offenses of the Russian Federation, close relatives include...

• children and parents;
• adopted children and adoptive parents;
• siblings;

Criminal procedural law

Article 5 of the Code of Criminal Procedure of the Russian Federation expands the circle of close relatives compared to the administrative law...

• husband and wife;
• children and parents;
• adopted children and adoptive parents;
• siblings;
• grandfathers, grandmothers and grandchildren, granddaughters.

According to the norms of the constitution and criminal procedural legislation, the listed persons have the right to refuse to testify in the investigative process and in court against close relatives.

Housing legislation

In housing legislation there is no concept of “close relatives” at all.

But according to Article 31 of the Housing Code of the Russian Federation, members of the homeowner’s family are husband and wife, children and parents. In addition, the owner has the right to move into the residential premises any person, even if he is not related to him by family ties. And this person will be recognized as a “family member”.

Tax law

Clause 18.1 of Article 217 of the Tax Code of the Russian Federation, speaking about close relatives, makes reference to the above-mentioned Article 14 of the RF IC. For them, tax legislation provides special privileges - income from transactions made between close relatives is not taxed. Also, tax is not paid on gifts and inheritances. Even the amount of the state fee that must be paid when entering into an inheritance depends on the degree of family ties. Close relatives pay only 0.3% (no more than 100 thousand rubles), the rest - 0.6% (no more than 1 million rubles).

Are they close relatives...

…husband and wife

The status of the spouses should be given special attention; according to family law (Article 14 of the RF IC), husband and wife are not close relatives, since they are not related by blood. But who then? According to Article 2 of the RF IC, husband and wife are family members.

However, marriage is a special type of relationship, secured by a special document (marriage certificate), a legal union that implies many privileges, including:

• Right of inheritance. In the absence of a will, the widow or widower is the first priority claimant to the inheritance along with the children and parents of the deceased, despite the lack of blood relationship;
• Joint marital property. Everything that is acquired by a husband or wife during their legal marriage belongs to them on equal rights, regardless of who acquired it and with what means. If necessary, joint property can be divided equally.

Adult citizens of different sexes can enter into marital relations, except in cases...

• one of them is legally married;
• presence of blood relationship (mother and son, father and daughter, grandfather and granddaughter, grandmother and grandson, brother and sister);
• the existence of a relationship between an adoptive parent and an adopted child;
• the presence of incapacitated status for one of them;

...ex-spouses

Former spouses, that is, husband and wife who have legally dissolved their marriage, lose all relations with each other. They are no longer family members and do not have the special privileges that the law grants to spouses.

…grandmother

The grandmother is a close relative for her grandson and granddaughter in accordance with Article 14 of the RF IC and other legislative acts.

…grandfather

A grandfather, like a grandmother, is a close relative to a grandson and granddaughter.

…grandson

A grandson and granddaughter are a close relative to the grandparents on the father’s or mother’s side.

The concept of close relatives, which we use in everyday life, as a rule, implies a circle of people who are related to us and are our family. Here are spouses, children, parents, grandparents, brothers and sisters, as well as in-laws. When you use the concept of a close relative, you imply a special connection with him, as well as a special, privileged attitude towards such a person. You need to understand that the law also defines special legal relations applicable to this category of people. However, you need to clearly know who is considered close relatives according to the law of the Russian Federation, and who is not.

It is impossible to unconditionally determine the circle of close relatives according to the law. Guided by codes of laws in various spheres of public relations, such as the Family, Criminal, Tax Code and others, it is impossible to obtain an unambiguous answer to such a question. The fact is that different situations require an individual approach and you need to be guided by different legal norms.

Let us consider who is a close relative in more detail from the point of view of the Family Code of the Russian Federation.

Pedigree - why do I need to know it?

Sometimes knowledge of the principles by which in certain cases persons are defined as close relatives is very important. What are the costs of inheritance disputes and issues of deeds of real estate and valuable property!

Besides law of January 1, 2006 exempts from taxation property that was transferred to close relatives by inheritance or as a result of donation. This law provides more opportunities in the area of ​​property relations between relatives. Now the transfer of an apartment, car and land will not require huge amounts of inheritance and donation of the listed values. This tax is 13% of the value of the property, which at current housing prices is sometimes unaffordable for many families.

Also, during the trial, it would be useful to find out that the Constitution and the Criminal Code of the Russian Federation give right to refuse to testify against yourself, your spouse and close relatives. Police officers are required to notify them, that is, their relatives, when a suspect related to them is detained. Relatives need to know where they are.

Legally close relatives are endowed with the following rights:

• inherit property;
• to refuse to testify against a close relative at trial;
• do not pay property tax when inheriting or receiving as a gift;
• receive leave at your own expense in the event of the death of a close relative;
• other rights provided by law.

But a concept that is often confused with those discussed in the article is family members. Close relatives and family members are not the same thing in the eyes of the law. According to the Housing Code, family members are persons living with you in the same living space. Sometimes these are not direct relatives whom we traditionally consider close - mother-in-law, father-in-law, mother-in-law, father-in-law or cousins. But applicable to the Family Code and those who refer to it in their articles of the codes - Criminal and Tax, the definition of close relatives is different. This means that it is the definition of this category of persons used in the Family Code that should be taken as a basis.

Close relatives- these are direct descendants or ancestors in ascending and descending lines, as well as full brothers and sisters (by mother and father) or half-brothers (only by mother or only by father). According to the Family Code, your close relatives are:

• Parents;
• Children, including adopted children;
• Grandparents, namely the parents of your father and mother;
• Siblings (both mother and father or just one parent).

Where are the husband and wife on this list? They are not listed as legally related.

Who are husband and wife to each other?

Wife and husband are the closest people to each other, but the law specifically regulates their relationship. Here lies the greatest nuance, which is far from obvious to the average person. According to the same Family Code, a husband and wife cannot be considered immediate relatives. The relationship between husband and wife is not considered consanguineous (kinship), but inherent. Since marriage is an agreement between two people, and therefore the relationship between the relatives of both parties is not blood, but inherent.

It can be said that a family union in the form of a legal marriage is a relationship by contract, and not a true blood relationship. Which persons are related to:

• Husband and wife;
• Mother and father of the husband or wife (mother-in-law, father-in-law, mother-in-law and father-in-law);
• Son-in-law and daughter-in-law.

This circle of people are each other’s family members, which includes many other persons, such as stepmother and stepfather, children born in a civil marriage, relatives living together, etc.

Legal regulation of relations between spouses

A completely reasonable task arises to regulate relations between husband and wife in various areas. Each branch of law provides references and clauses specifically indicating the rights and obligations of spouses. For example, the Criminal Code states that you do not have to testify against yourself, your spouse and close relatives.

When making a will, you need to take into account that husband and wife are not close relatives. If it turns out in the will that all the property is divided by close relatives, then the wife of the deceased may be left with nothing, since she does not belong to this circle of people. The inheritance passes in accordance with the last will of the deceased person under a will, regardless of the procedure for inheritance by relatives, which is specified in the law. Whereas without a will, she would have been the heir of the first priority according to the Civil Code of the Russian Federation, along with her children and parents.

For the same reason, the former spouse (and all their relatives) are no longer members of the same family, and therefore cannot claim anything after a divorce. And here blood relatives cannot be exes, because their relationship is not based on contracts.

Knowing the law releases many benefits that you can take advantage of. You can draw up a deed of gift, correctly draw up a will, and also enjoy other privileges by knowing exactly who are legally close relatives.