Inheritance Law

Inheritance law is a branch of law, which regulates property transfer relations as well as rights and obligations, which are acquired in case of inheritance. Inheritance law includes two parties, first one is a testator, who transfers heritage after death, second one is an heir, to whom heritage in transferred.

Inheritance law specifics

1) Important only for the property owned by citizens.

2) An heir acquires all rights and obligations without involvement of third parties, i.e. directly from the testator.

3) An heir acquires all property rights transferred to him/her and may not accept some rights and obligations and resign others.

Formalization of heritage is a complicated procedure, which includes involvement of the notary.

In a majority of cases the inheritance law comes with conflict situations between property interested persons, among whom there may both legitimate heirs and swindlers.
Our specialists will help you formalize heritage and will solve all disputable situations related to the inheritance law. The primary goal of our lawyers is to render assistance in acquiring all property rights by legitimate heirs.

A will means a willful statement of the capable person for bequeathing/passing own property in case of death. Kazakhstani citizens may bequeath property or a part thereof to several or one person both legitimate heirs and third-party legal entities and the state. It is worth mentioning that there are persons included in the obligatory list of heirs, who are as follows: minor and disabled children of the testator as well as able-bodied spouse and parents. Irrespective of the will content, these persons inherit not less than a half of the share.

Basics of the correct will:

• The will (praelegatum) is drawn up by the testator with his/her own hand or by notary based on testator’s verbal information with a witness to be obligatorily present.
• Before signature, the “last will” should be read aloud by the last will drafter in the presence of the notary and witness.
• When a drafted willful statement is read by the witness due to inability of reading it by the testator, a reason of why the testator him/herself cannot read the content of the envelope must be specified.
• In case there is no notary, an executive bodies official may exercise notary functions.
• The certificate of inheritance right is issued upon expiry of six months from the day ofenvelope opening. Therefore, recipients should file an application to the notary at the envelope opening location.

For any questions related to the inheritance law of the Republic of Kazakhstan you may consult our lawyers by calling: +7 707 733-39-47, +7 727 266-74-37.