Main tasks and practical skills:
- Defining documents, papers providing the means of proving (not in all cases):
- Will;
- Notice of death;
- Birth certificate, Registration book;
- Curriculum vitae;
- In cases lacking the above documents concerned parties have the right and obligation to show other evidence in support(paying attention to Article 83 of CPC on delivery of evidence)
- At first, collecting evidence on: the date of commencing the inheritance, heir at law and the verification of the inheritance shall include opinions and the participation all concerned parties.
- Verification of the inheritance: disputed properties usually not coincide with the inheritance. Steps for verifying the inheritance:
- Defining the extent of the disputed property. With respect to house and land, area, dimension, specifications and evaluation must accord with actual transferred price and must be evaluated in detail in order to meet the requirements for the distribution of property (the inspection and evaluation on-the-spot must be in compliance with Article 89 of the CPC; the valuation of assets must be in compliance with Article 92 of the CPC).
- Gathering of evidence in order to define the contribution of relevant persons in the disputed assets where they are not co-owners. uchs are usually heirs, usually the defendant. It is difficult to clarify their contribution; maintaining the assets is a basis for defining the contribution.
- Defining co-owners with the deceased. A co-owner is usually the husband or wife of the deceased. It is necessary to prove the legitimacy of the marriage between them, the legal marriage period in order to define whether they are a co-owner of the disputed asset (paying attention to provisions of Law on Maariage and Family).
- Gathering evidence on the financial obligations and relevant expenses related to the inheritance which need to be paid from the inherited property (Article 686 of the Civil Code 1995, Article 683 of the Civil Code 2005).
- Other evidence proving disputes about the inheritance right of specific concerned parties, asset-related rights or obligations of other concerned persons (concerned persons from other transactions, not the heirs)
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