APPROVED RECOMMENDATIONS ON THE MANAGEMENT OF INHERITANCE CASES IN CASE OF BANKRUPTCY

The Moscow City Notary Chamber published "Methodological recommendations on some issues arising in notarial practice when conducting inheritance proceedings in case of bankruptcy of the testator and in case of bankruptcy of the heir" dated March 30, 2023.

The document contains instructions regarding the duties of notaries to conduct inheritance cases in the event of bankruptcy of the testator, where it is noted that the notary should record the movement of the bankruptcy case, transfer information about the existence of an inheritance case to the financial manager, open an inheritance case after receiving a request from the financial manager and a number of other recommendations.

If the heir is declared bankrupt, as the document indicates, the property not accepted by the heir is not included in the bankruptcy estate, and the heir himself has the right not to accept the inheritance. However, the notary is obliged to warn the heir about the risk of challenging such inaction according to the rules of the Bankruptcy Law.

The document also clarifies that in some cases the heir may refuse to accept the inheritance without the consent of the manager in the procedure for the sale of a citizen's property.

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