Inheritance of bank deposits

In conditions of market relations, securing the citizens the right of private property ownership, especially important to the ability to dispose of it in case of death on your own. Deserves special attention the issue of succession of deposits in the bank, as there are cases when the testator due to various objective reasons (illness, old age) did not inform family members of a savings account. After analyzing a number of theoretical views and practice concerning the methods of making such a legacy, the author comes to the following conclusions: 1. Bank deposits - one of the most common types of property, which has a population, so the inheritance of deposits represents a wide area of the institution of inheritance law 2. When the testator did not inform the family members of a savings account in connection with which the heirs have missed the deadline for acceptance of the inheritance, in front of them question the selection process for the preparation of the inheritance. 3. Based on the analysis of jurisprudence concludes that the heirs are usually treated with the requirements to establish the fact of accepting the inheritance, while addressing the court with a claim for the restoration of the term for acceptance of the inheritance often leads to failure of the claims 4. When making a claim for the restoration of the term for acceptance of the inheritance, the court, in each case, must establish the totality of the circumstances that influenced the heir to pass the deadline for acceptance of the inheritance, to give an objective assessment of the evidence presented by the valid reasons for the omission, so as not to violate the rights and legitimate interests of the heirs. 5. The process of proving the actual adoption of the heir of the property of the testator does not cause difficulties for law enforcers. Under the commission of the heir to the certificate of actual acceptance of inheritance, it is understood the commission of acts of management, disposal and use of the estate, keeping it in good condition, which manifests itself in the attitude of the heir to an inheritance as his own property. 6. Attention is that any list of valid reasons, giving the court to restore the deadline for acceptance of the inheritance, the law is not contained. Such reasons should be included circumstances relating to the person of the plaintiff, which allows to recognize as valid the reasons for missing the statute of limitations. It specifies that are not justifiable circumstances such as ignorance of the civil law on the timing and order of acceptance of the inheritance, as well as the lack of information on the composition of the ancestral property 7. In cases of renewal of the term for acceptance of the inheritance is often a problem of the correctness of the procedural provisions of the notary. Courts should properly define the procedural position of the notary, as of the capacity in which the notary is present at the hearing will depend on his procedural rights.

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