The yet unborn grandchildren will have the right to come into the inheritance of grandparents when the amendments made to the Civil Code and related legislation take effect. These will be considered subsequent heirs. According to the authors of the bill, the move is aimed at protecting the property of grandparents from wasteful parents. Among the novelties that refer to inheritance is the institution of five classes of inheritors and of the will executor who can deal with all the procedures related to inheritance, at the testator’s will. The public discussions on inheritance and private international law were held at the Ministry of Justice, IPN reports.
The executor will have a wide range of powers. This will be able to identify the heirs, to ask for legal heir certificates, to approve the inheritance division plan and to ensure thus equity between inheritors and to also file an application to register the legacy in the name of the heir.
The six-month period for accepting inheritance was eliminated to prevent disputes related to the coming into legacy after this period. The inheritance could be refused within three months of the notification of the receiving of legacy. Any inheritor will be able to divide the inherited property between heirs. In the absence of a division contract, legal distribution could be asked for.
Also, the successors who are legal inheritors will be obliged to declare donations obtained during the life of the testator. When the inheritance is divided, the reported donated property that is not part of the estate will be taken into account to avoid inequity between heirs.
The bill introduces five types of certificates: of legal heir, of legatee, of will executor, of custodian of the estate and of manager of the estate. The heir status certificate is also kept as notaries say this is useful.
Those who are not included in the legal heir certificate will be able to claim inheritance rights within ten years. In this connection, deputy minister of justice Nicolae Esanu said the amendments bring the legislation closer to the current realities.
