The citizens will be able to bequeath their money funds established by them, by analogy with the Nobel Foundation, the couple allowed to write joint wills and collect documents for inheritance in some cases will be able to notaries, and not the potential heirs. Such suggestions are contained in the bill introduced yesterday the head of the Duma committee on civil legislation Pavel Krasheninnikov. Hereditary funds can help return capital to Russia, according to some experts.
Pavel Krasheninnikov proposes to allow spouses to be joint wills (currently bequeath property can only be one person) and give citizens the opportunity to enter into the potential heirs to direct contracts, in which It will stipulate the conditions under which it will go to the estate after the death of the testator. Ensure compliance with the terms of such agreements, according to the text of the bill, will be the other heirs, executor or notary. “Pros statement that people agree on the coast: in the will be surprises, and now both sides are aware in advance of their rights and duties,” – said “Kommersant” Mr. Krasheninnikov. With regard to joint wills, they are void in the event of divorce to the death of a spouse. The explanatory note explains the need for amendments to “the rapid development of economic relations” and “the increasing involvement of Russian citizens in the entrepreneurial attitude.”
Now the legacy of Russia is distributed according to the will of the deceased, and in his absence – according to the legislation of the Russian Federation. In the latter case, the government identified eight queues heirs (the first – the spouse of the deceased, and his children, the second – brothers and sisters of the deceased, and so on. D.).
A member of the Presidium of the Association of Lawyers of Russia Vladislav Grib believes the most notable new feature of the bill the opportunity to bequeath property inherited managed funds would “permanently or for a certain period of time” after the death of its founder. It stipulates that the conditions of management of such organizations may be specified in the charter of the foundation, with the death of the founder, they can not be changed. In other words, the fund will not be able to change the direction of his work – it concerns, above all, charity. “Maybe we will have a Nobel Foundation,” – hopes Mr. Krasheninnikov. Vladislav Grib said that the bill fully equates Russia with western European inheritance law. “In fact, created a trust fund, a person chooses, how and who will manage these funds during his lifetime, clearly prescribing all the details,” – he said. In the explanatory memorandum to the draft also states that “the construction of the special fund is similar to those used in Western European legal systems” (see. Certificate).
Lawyer Sergei Badamshin believes that the emergence of standards in the bill on foundations is partly dictated by the rate of return of capital, which in recent years has taken the Russian government. “It is no secret that many representatives of Russian big business often hide their money from the ex-wives or the same lenders as the time in such funds in European countries where the law allows them to build,” – he said. According to Mr. Badamshina adoption in the Russian legal framework to create a similar structure, may encourage business leaders to begin returning capital to their homeland.
Mr Mushroom also notes another norm of the bill to allow to recognize bankrupt already deceased testator. “Roughly speaking, the duty of parents now just do not move to the children. Before, the law does not mention the bankruptcy of individuals, but when there was such a rule, one of the highlights was the bankruptcy of the dead people is as necessary to protect the interests of both creditors and heirs. Previously, such a possibility there was no “- he explained.
Also, the bill simplifies the procedure for acceptance of the inheritance. Once a citizen to file a claim to the inheritance, the notary himself can, in some cases (if it is difficult for the citizen) request to the registry office documents proving his relationship with the deceased. When it comes to a particular property, Mr. Krasheninnikov offers give the right to request a notary in the state register and the “credit and other organizations” to confirm that this property owned by the testator. The lawyer of the Moscow Bar Association “Nikolaev and partners,” Catherine Romm believes that this provision will lead to an increase in prices for services of notaries, as well as an increase in terms of entry into the inheritance (now – six months after the death of a citizen). “When inherited, say, an apartment, to keep within the legal term is not difficult, but in my experience was the case when the documents into four apartments and two houses were going to two years”, – she says. The head of the Federal Notary Chamber Georgy Krasnov said that the Chamber has just started to study the text of the bill, so the detailed comments, he can not give. One of the capital of notaries, who asked not to be identified in the media, said that the rate of collection of documents notaries caused “distress in a professional environment.” “How much will it cost, how to increase the amount of work – is unclear. The bill indicates that properly evaluate MPs work of notaries,” – he says.
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