Questions to notary

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Visi klausimai ir atsakymai

280

Both our parents are alive, we are two sisters, although parents have strictly decided to leave all the movable and immovable property to me alone. Is testament necessary if both parents are alive? Is there a testament that would be undisputed and may not be appealed?

If both parenta are alive and wish to leave their property to only one of the children, two variants are possible:1. each of the parents writes a testament and leaves to you all his/her property. In this case, i fone of the parents dies, only his/her property is inherited together with the share of property that was jointly owned by spouses, and in the same way after the death of the other parent this other parent’s property is inherited;2. parents produce a joint testament which means that eaach of the spouses leaves to the other spouse all his/her property, and in such joint testament spouses may at the same time state who is going to inherit property after death of the surviving spouse.There are no testaments that would be undisputable and could not be appealed, although an action to void a testament or its separate parts may be filed only by other heirs at law who whould have received inheritance if the testament or its separate parts had been voided. Article 5.16 of the Civil Code of the Republic of Lithuania presupposes that a testament is void if:1. it is made by an incapable person;2. it is made by a person whose capability is limited due to alcohol or substance abuse;3. if its content is illegal or unclear.A testament may be voided on other grounds that allow to invalidate a deal.
279

I would like to know, if two of the three brothers heirs (not by inheritance) write a statements at the notary‘s that they do not accept succession and pass (or give) the right of inheritance to their third brother?Would it be engough in such case for the two brothers to visit a notary (and write one such statement) for the inheritance to be left to the third brother? Or should we first accept succession, register it and only then it will be possible to give it or otherwise waive our rights of inheritance in favour of our brother?

This question is difficult to answer because it is not clear, what do you mean by saying that the brothers are heirs „not by inheritance“. There is no such legal category.If all the three brothers are heirs at law (i.e. the ancestor – the deceased has not left a testament), they all have a right both to accept succession and to renounce it. If you want the property to be inherited by only one of the brothers, the others under Article 5.60 of the Civil Code of the Republic of Lithuania may renounce succession. No donation or another transfer of rights of inheritance is needed in this case, and a certificate of inheritance rights for the property of the deceased shall be issued only to the heir who has accepted succession. Yet, it should be noted that one cannot renounce succession with conditions, stipulations or renounce only a part of succession, i.e. in case of renouncing succession you shall have no right to inherit not only absolutely all the property that at that moment belongs to the ancestor (the deceased), bot also the one that may appear in his name in the future (e.g., in case of restitution of land).
278

We would like to know if geodetic measurements are necessary in case of purchase of land from joint owners (the land has not been divided), what documents do we need?

In case of transfer by private persons of ownership of a land plot to other persons geodetic measurements are necessary in case the land plot is on a city‘s territory. This requirement is applicable both in case of purchase of a part of a land plot from a joint owner and of the whole land plot that is owned by other persons (joint owners).The documents necessary for transfer of a land plot / part of a land plot (in general):1. Documents of title for the land plot (purchase and sale, exchante, donation agreements, certificate of inheritance rights, акт auction sale report, commissioning report, etc.) – if a part of a land plot is sold, one will need documents of title for this part of the land plot;2. A plan of the land plot;3. Presence of the owner and his/her spouse with passports, a marriage certificate. I fone of the spouses has died, a death certificate should be provided to the notary. If the owner is divorced a divorce certificate will be needed.This list is valid only in case a part of a land plot is purchased by a joint owner (or the whole land plot is sold), and the land plot is not on the territory of a horticultural society. This list of documents may not be understood as a final legal conclusion. A notary performing legal study of documents and taking into consideration certain circumstances of sales agreement may demand other documents not listed here, especially if the buyer is going to take a loan from a bank.
277

Hallo, we would like to know what would be better to do in the following situation: daughter got married and parents would like to donate or re-register their flat to the newly formed family, which variant would be cheaper and more reasonable?

Parents may donate, sell, transfer property with a condition that they will be supported for the term of their lives. Besides, by testament one can leave one‘s property after death. In order to find out, what is the actual will of the parties, to understand peculiarities of each of these cases, you should consult at a notary‘s bureau.
276

I live in England, I need to sign a power of attorney that would allow a co-owner of a part of forest belonging to me to perform cadastre measurements. The best variant for me would be the following (I would not like to go to Lithuanian Embassy, because it would be more expensive there): I have an sample of a Lithuanian power of attorney with personal data of the co-owner, I want to translate this power of attorney into English, to bring this English power of attorney to a local notary for signing and certifying of my signature, after that I will have the document apostilled. Then I will send the duly signed and apostilled English power of attorney to Lithuania, the co-owner will go to a translator and have the power of attorney translated into the Lithuanian language and will go to a notary with an original document and a translation. So here is my question, will such English power of attorney with a translation be valid in Lithuania, whether a notary may have any objections?

A power of attorney certified in a foreign country and duly legalized or aplostilled (depending on which country it was issued in) there shall be valid in Lithuania.
275

My grandfather died almost 10 years ago. He has not concluded his last will before his death. He had 2 brothers and 3 children. The brothers refused their rights to house, as well as the grandfather’s son and daughter, so the house was written on my father’s name. My father died 5 years ago. He has not concluded his last will as well. My mother transferred the house ownership on her name, everything with the approval of a notary. Grandfather’s brother and the rest of children as well have refused their right to the house. Now, after some time has passed, and my mother came from abroad earning some money, she started to manage the house and my father’s brothers started to claim their rights to the house. My mother wants to take them to court with a purpose to get the house. My father had two children, my brother, who is still under-aged and me (already adult). The house is divided in shares for me, my mother and brother. Is it possible for our father’s brothers to get back the house, if they have already signed the documents in 2004 refusing the hose?

Refusal of the heritage – is a unilateral transaction, by which the inheritor refuses the right to the heritage by his own will. Based on CC 5.60 article the inheritor by the law or inheritor by the last will have a right to refuse the heritage over the period determined by the laws. It is not permissible to refuse it with conditions or reservations or part of the heritage. The inheritor is considered being refused his right to accept the entire heritage, wherever it is and whatever is included in it.
274

I would like to enquire: if husband is dead, he has been divorced and has two under-aged children; a brothers and a father, who has a priority right to inherit the property?

5.11 article regulates inheritors’ priorities according to the law. Based on CC 5.11 article, first priority inheritors are the devisor’s children (among which adoptee) as well as children born after his death. Inheriting by the law, the inheritors by equal shares are:

  1. first priority – devisor’s children (among which adoptee) as well as children born after his death.
  2. second priority – devisor’s parents (adoptive parents), grandchildren;
  3. third priority – devisor’s grandparents, both from father and mother sides; devisor’s great-grandchildren;
  4. fourth priority – devisor’s brothers and sisters, great-grandparents, both from father and mother side;
  5. fifth priority – devisor’s brothers’ and sisters’ children (nephews and nieces), as well as devisor’s father’s and mother’s brothers and sisters (uncles and aunts).
  6. sixth priority – devisor’s father’s and mother’s brothers’ and sisters’ children (cousins).

The spouse outliving the devisor inherits according to the law or with the first or second priority having inheritors (if there are any). Together with the first priority inheritors, he/she inherits one fourth of the heritage if there are no more than three inheritors, besides the spouse. If the there are more than three inheritors, the spouse inherits in equal shares together with other inheritors. Having no first or second priority inheritors, the spouse inherits the entire heritage.

273

Question. I would like to know whether in case the single person (being still alive) has left the real estate to the legatee, the latter needs to register himself in it, as in a residential place, in order to have a right to inherit it?

It is unnecessary for the testamentary legatee to declare his residential place in the real estate, left under the testament, because it has no legal importance to the legacy.
272

Question. My grandmother, being ill and afraid of the consequences, had concluded gifts’ act and made over the piece of land (about 40 ha) with the residential building to his son. The son, my father, does not trust his young wife very much and has still questioned the rightness of his decision, because in case something will happen to my father everything will remain to his wife (my stepmother). Father is afraid that I and my elder brother may be left without “shelter”. What are the opportunities to change the present gift’s act, should it be done by my grandmother or by my father, for whom all the legacy had been made over?

From the provided situation it is clear that the essence of the question is what would be Your father’s legatees in case of his death. Referring to the provisions of the 5th book of Civil Code, if the deceased has not conclude the testament, his residual property will be inherited according to the legal treatment, determined by the law. The 5.11 Article of Civil Code finetunes the succession of legatees, according to the law. In case of Your father’s death, the legatees of the of the first succession would be Your father’s children (including You) and the spouse. However, the person, conforming to the standards of the 5.11 Article of Civil Code, can conclude a testament, by which the legator expresses his will, regarding the redistribution of the property, owed by him, after his death. In this case Your father could conclude a testament, in which there would be determined that a certain property will be inherited by the persons, indicated in the testament. This, supposedly, would be the best way out, according to the provided case.
271

Question. The marital agreement is concluded after the marriage of persons and comes into force after signing it, and the pre-marital agreement – before registering the marriage, however, it comes into force after registering it? (Right?)

Yes, the marital agreement, concluded after registering the marriage is called post-marital agreement and creates the rights and obligations for the agreement parties from the moment of signing it. The marital agreement that is concluded before registering the marriage is called pre-marital agreement and comes into force after registering the marriage. The marital agreement and its amendments can be used against the third parties only in case both the post-marital agreement and pre-marital agreement, and also their amendments were registered in the Register of Marital Agreements by Hypothec institution.