After President Maia Sandu last week announced that the inheritance procedure will be simplified, a group of PAS MPs proposed a legislative initiative in this regard. According to the proposal, the surviving spouse will be restored to the first class of heirs of the assets remaining after the death of the partner. Other family members will no longer have to apply to refuse the inheritance. The application will be submitted only if the relative claims a part of the inheritance, IPN reports.
In a press briefing, MP Artemie Cătănoi said that, after the law was modified in 2018 and the amendments entered into force in March 2019, multiple problems appeared. Although they wanted to modernize the process, the reality shows the opposite – excessive bureaucracy, legal confusion and dissatisfaction on the part of citizens.
According to him, among the biggest difficulties is the complicated terminology – the people without legal studies find it difficult to understand the current rules and notaries' explanations only amplify these confusions.
The parliamentarian noted that, as far as the right of the surviving spouse is concerned, the current legislation excludes them from the first class of heirs, forcing them to share the assets with the distant relatives of the deceased, which has generated conflicts and injustice.
Another aspect is related to the presumption of acceptance of the inheritance. Currently, the heirs automatically become possessors of the inheritance if they do not renounce it within three months. Given that many families are dispersed and some of the members are abroad, identifying the heir is difficult and often impossible and succession files are thus blocked.
Thus, the authors of the bill aim to restore the surviving spouse to the first class of heirs of assets. Also, the presumption of acceptance of the inheritance and the return to the traditional system will be eliminated – the inheritance is accepted only by express request attached to the file. Another novelty is the extension of the acceptance period, which will be 12 months, not 6, as it is at present.
Artemie Cătănoi said that the draft law is to be given a first reading this week and public consultations with stakeholders are to be organized between readings.
