Questions to notary
According to the Art. 3.101 of the Civil Code, you may enter into a postnuptial agreement. Parties to the postnuptial agreement may choose an acceptable legal regime of the property (present and future), being purchased both prior to marriage and after the marriage. It is possible to specify in the postnuptial agreement that one of the spouses will purchase the named apartment by the right of individual property. In order for one of the spouses (without entering into a postnuptial agreement) to purchase the property as an individual property while being in a marriage, such spouse should present documents, proving that such funds, from which the property is being purchased, belong to him only (for ex., donated money, inherited money, money received having sold the inherited property and etc.), as well as a spouse‘s consent is necessary. However, according to the Art. 3.90 pf the Civil Code, the court may declare an individual property of one of the spouses to be joint community property if it is established that during the marriage the property was fundamentally improved with the joint funds of the spouses or due to the work of the other spouse (capital investments, reconstruction, etc.).
Estate of the deceased person may be inherited under a testamentary or legislative regime. Following the law, the estate is inherited insofar as it is not changed by the last will. Art. 5.11 of the Civil Code of the Republic of Lithuania defines the order of intestate succession. In case there is no last will concluded, following the Art. 5.11 (1)(1) of the Civil Code of the Republic of Lithuania, the heirs to inheritance are considered to be the children of bequeather. According to the Art. 5.13 of the Civil Code of the Republic of Lithuania, the surviving spouse of the bequeather shall be entitled to inherit pursuant to intestate succession or alongside with the heirs (if any) of either the first or second degree of descent. Together with the first degree heirs, he shall inherit one fourth of the inheritance in the event of existence of not more than three heirs apart from the spouse. In the event where there are more than three heirs, the spouse shall inherit in equal shares with the other heirs. In the event of absence of the first and second degree heirs, the spouse shall inherit the whole inheritable estate. The surviving spouse will be issued a certificate attesting to the ownership right of a share to a common estate of the spouses regarding half of the common estate, purchased while being in marriage. The other half of the estate will be inherited by operation of the law following the order specified above.
Last will is a predefined instrument of a testator concerning the inheritance of the estate in case of a testator’s death. Art. 5.19 of the Civil Code states that any natural person may bequeath all his property or a part thereof (including ordinary house furnishing and household equipment) to one or several persons irrespective of whether they are his heirs by operation of law, likewise to the state, municipalities or legal persons. The testator shall freely draw up such instrument, without force or mistakenly. The last will may be concluded exclusively by a legally capable person, being aware of significance and consequences of his/her actions. Your mother and/or father are free to bequeath their estate at their discretion to any person chosen freely. Following the Art. 5.20 of the Civil Code, the testator’s children, who were entitled to maintenance on the day of the testator’s death shall inherit irrespective of the content of the will a half of the share that each of them would have been entitled to by operation of law (mandatory share) unless more is bequeathed by the will.
When a child travels to countries within the Schengen area, such transiting is subject to the Schengen agreement, irrespective of whether that child travels with his parents, with one of his parents, with accompanying person or on his own, he/she does not need to have a letter of consent for travel from one of his parents and the state boarder guard service officer will not request it. In this case, there is no need to make an appointment with a notary and notarize the transit of a child to a foreign country.Schengen area is made of 24 countries among which are 22 EU member states: Austria, Belgium, Denmark, Greece, Spain, Italy, Luxemburg, Netherlands, Portugal, France, Finland, Sweden, Germany, Lithuania, Latvia, Czech, Estonia, Poland, Malta, Slovakia, Hungary, Slovenia and 2 non-EU member states – Norway and Iceland.When a child travels to foreign countries outside the Schengen area with one of his parents, a written consent from the other parent is not required. In case the child’s last name is different from the last name of a parent with whom the child is traveling, besides other documents, they should have a birth certificate. In cases a child is traveling on his own or accompanied by another person, consent, given by one of his parents or a guardian, and a copy of such is necessary. Authenticity of a signature affixed in the consent should be attested by the notary or a diplomatic mission of the LR or an officer of the consular authority or the local government.
Second question – we have already found a buyer, unfortunately, she is also abroad and we both will stay in Lithuania for 1 day only. Is it possible to arrange all the documents in 1 day? Who do I need to contact? Thank you in advance.Regarding conclusion of a transaction concerning the sale-purchase of the apartment, you should contact the notary office together with the buyer and submit the necessary documents. Documents, necessary to submit to the notary for conclusion of a sale-purchase transaction:1. Documents, proving the right of ownership to the apartment (sale-purchase, exchange, donation contracts, instrument attesting to the right of inheritance, deed of sale by auction, deed of building’s acceptance for use and/or other);2. Personal identification documents of the owner and the buyer;3. Documents proving a marital status of the owner and the apartment buyer (marriage, divorce, death certificates of a spouse);4. In case the buyer is married, provide a spouse’s personal identification number.5. In case the owner and/or the apartment buyer have a marriage contract and/or agreement of estate division purchased in marriage, please provide these documents as well;6. Bank’s certificate regarding a buyer’s loan or loan agreements;7. Seller’s account number into which the granted loan will be transferred;8. Court approval in case the apartment being sold is a family property;9. Bank permit if the apartment being sold is mortgaged to a bank for the granted loan.If your marriage certificate or other respective document, attesting to your marriage, is issued in a relevant institution or an office of a foreign country, such document should be legalized or should have an “Apostille” and translated into Lithuanian language. This list of documents should not be interpreted as a final legal conclusion. When performing a legal study of the documents and considering specific circumstances of the sale-purchase agreement, the notary may request to submit other documents, not specified in this list. Preparation and approval of the sale-purchase transaction require more than 1 day.
Depending on how the house will be transferred, the notary should be supplied with the following documents.The following documents should be submitted to the notary for conclusion of a donation transaction:1. Clarification of data for transaction issued by the State Enterprise Center of Registers (valid for 30 calendar days, such document is ordered upon request of a customer and received by the notary only);2. Ownership documents of the house and the land lot (where the house stands) (based on a situation, such documents may be: instrument of the inheritance right, instrument of the ownership right, sale-purchase, exchange, donation contracts, deed of sale by auction and etc.);3. Layout of the land lot;4. Certificate from the gardeners’ partnership;5. Parents’ divorce certificate;6. Owner’s personal identification document.7. Personal identification document of the beneficiary spouse.Please note that having accepted the land lot as a donation from an unacquainted person, the beneficiary is obliged to pay the personal income tax to the country’s budget.The following documents must be submitted to the notary for conclusion of the sale-purchase transaction:1. Clarification of data for transaction issued by the State Enterprise Center of Registers (valid for 30 calendar days, such document is ordered upon request of a customer and received by the notary only);2. Ownership documents of the house and the land lot (where the house stands) (based on a situation, such documents may be: instrument of the inheritance right, instrument of the ownership right, sale-purchase, exchange, donation contracts, deed of sale by auction and etc.);3. Layout of the land lot;4. Certificate from the gardeners’ partnership;5. Parents’ divorce certificate;6. Bank’s certificate regarding a buyer’s loan or loan agreements;7. Seller’s account number into which the granted loan will be transferred;8. Court approval in case the apartment being sold is a family property;9. Bank permit if the apartment being sold is mortgaged to a bank for the granted loan.Paragraph 1.1 of the order, issued by the Minister of Justice of the Republic of Lithuania “Regarding approval of temporary notary fees for notarial actions, preparation of draft transactions, consultations, and technical services” stipulates that a notary fee for a transfer of the real estate is 0,45 % of the amount, but not less than 100 Lt and not more than 20 000 Lt, calculating from the value of the property being donated or from a price of the property being sold. Please note that this amount does not include the price of the ownership registration, technical work, clarification of data for transaction and other relevant verifications, necessary for a notarial approval of the transaction. This list of documents should not be interpreted as a final legal conclusion. When performing a legal study of the documents and considering specific circumstances of the sale-purchase agreement, the notary may request to submit other documents, not specified in this list.
According to the Art. 3.89 of the Civil Code, property being purchased separately by the spouses prior to the commencement of the marriage is considered as individual property of a spouse. According to the Art. 3.90 of the Civil Code, the court may declare an individual property of one of the spouses to be joint community property if it is established that during the marriage the property was fundamentally improved with the joint funds of the spouses or due to the work of the other spouse (capital investments, reconstruction, etc.).Regardless which of the spouse owned the current family’s dwelling, purchased prior to commencement of the marriage, personal property, intended to meet the needs of the family, including furniture, are considered as a family property. The family property may be used, managed or disposed of upon a mutual consent of the spouses. The legal regime of family assets shall end on divorce, declaration of the nullity of marriage or separation of the spouses. The court may award the right to use family assets or a certain part of them (usufruct) to the spouse with whom the minor children of the marriage will live.
A heir has to accept succession by active actions. Should the feir within the term set forth by legislation fail to express his/her will, a notary should issue a certificate of inheritance rights to the heirs who have accepted succession in time. A notary is not obliged to search for heirs. Yet, in case of legal succession, if all the first priority heirs (i.e. chidlren and adopted children of the deceased) failed to accept succession or renounced it, or if all the first priority heirs were deprived of the inheritance rights, then the second priority heirs (i.e. parents (adoptive parents) and grandchildren) shall have a right to accept succession. If there are no first of second priority heirs, a spouse shall receive all the succession.Anyway, it should be noted that the actual circumstances of each inheritance case are different and it is necessary to talk to a notary conducting this case regarding all the issues connected with inheritance.
A term to accept succession specified by the Civil Code of the Republic of Lithuania may be prolonged by court, provided it has been determined that this term was missed for valid reasons. Succession may be accepted after expiration of this term without turning to court if all the heirs who have accepted succession agree to it. A similar possibility to prolong the term of acceptance of succession was presupposed by the version of the Civil Code of the Republic of Lithuania which was valid before July 1, 2001.
Article 5.75 of the Civil Code of the Republic of Lithuania reads that in case succession is accepted by a heir who under the laws of the Republic of Lithuania has no right to own land, such heir acquires rights only for the sum of money received from sale of the inherited land. The land under the certificate of inheritance provided by the heir is sold in the order set forth by the Government to a buyer specified by such heir or via auction. The received sum is paid to the heir, except for sale or auction costs.A minor heir who has changed a citizenship shall be able to sell the property, because as long as he/she has a Lithuanian citizenship there Since in this case all the actual circumstances of the inheritance case are important (e.g., if there is any other property of the decesased, is it worth for a Russian citizen to accept succession, etc.), you should turn to the notary who conducts this inheritance case.
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.
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).
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.
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.
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.
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.
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:
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first priority – devisor’s children (among which adoptee) as well as children born after his death.
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second priority – devisor’s parents (adoptive parents), grandchildren;
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third priority – devisor’s grandparents, both from father and mother sides; devisor’s great-grandchildren;
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fourth priority – devisor’s brothers and sisters, great-grandparents, both from father and mother side;
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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).
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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.
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.
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.
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.
In case the child travels abroad on a provisional basis with one of the parents, the written consent from the other is unnecessary. In case child’s surname differs from the parent he/she travels with, child’s birth certificate is also needed, alongside all other documents. If the child travels alone or with a person, accompanying him/her, the consent and its copy at least from on of the parents or guardian (foster-parent) is necessary. In the consent, the validity of the signature must be certified by the notary or Diplomatic Mission of Lithuanian Republic or the officer/foreman of Consultant Office.
If one of the spouses has an authorization to act in the name of other spouse, the participation of the latter while making a deal, regarding the real estate, is unnecessary. The leave from the court is necessary for the making of deals of real estate, that is the family property. The other spouse in the court can be represented by an authorized person.
For the answer see near 156, 67 and 6 answers to the questions.The notary orders the necessary note, regarding the formation of the contract, From the Public Enterprise Center of Registers.
The extension to be built would be considered the part of the main object (i.e. the part of household building), respectively, the extension, under property rights, would belong to the owner of main object (of household building), i.e. to Your mother.
The asked question is not informative. Please, contact for the consultation to the notary. The address of the notary office You could find by the following internet site www.notarai.lt.
For the answer see near 23 and 9 answers to the questions.The notary orders the necessary note, regarding the formation of the contract, From the Public Enterprise Center of Registers.
Referring to Your information supplied, it is impossible to give an unambiguous answer. We recommend to apply to the local notary office of the rise of inheritance both after the death of the mother and father, having the all necessary documents. The territory, administered by the notary, is determined according to the last declared place of living of the decedent. The distribution of territories, administered by notary offices in Lithuania, you will find on the website of Lithuanian notary chambers www.notarai.lt.
Under the necessity, the notary, which guided the lawsuit, could recommend You to contact the lawyer for the defense of the rights under the judicial order.
Legatee, wishing to receive the inheritance, must apply to the local notary office of the rise of inheritance, in which the lawsuit of inheritance took place. Each notary office has a concrete territory, which it administers, therefore, to which notary office to apply, it is determined referring to the descendant’s last declared place of living. The list of streets, administered by The First Notary Office of Klaipeda city, You will find on our website. Meanwhile, the distribution list of the whole territories, administered by notary offices, You will find in the website of Lithuanian notary chambers www.notarai.lt.
Civil Code of Lithuanian Republic indicates an opportunity for the individuals to transact with a help of a representative. Under the necessity, the parties can conclude purchase-sale contract by their attorneys. However, an attorney will be able to perform only those actions, that had been indicated in the warrant of attorney. All the disputes, that are not benevolently clarified between parties, will be tried in the court.
6.461 Article of Lithuanian Republic Civil Code indicates that a duty of a rent payer to maintain for life, includes a duty to supply rent’s receiver with a place of living, cloths and other outfit, food, and, in cases when state of health requires - his/her attendance. The parties under the contract of maintenance for life may establish the value of all maintenance. In this case the value of one month maintenance can not be less than one minimal salary. The second part of Article 6.464 of Lithuanian Republic Civil Code provides that in cases when a payer of rent infringes a contract, the receiver of rent has a right to claim payer of rent to give back the transferred property or to pay redemption price under the conditions, provided in Lithuanian Republic Civil Code.
If Your mother does not have a husband and You are the only daughter, a testament is unnecessary. In this case You are the only legatee under the law. Despite the fact the testament is written or not, the procedure of inheritance is absolutely the same, as well as inhabitants‘income-tax, in case the property needs to be sold earlier than after 3 years.
Individuals, with a right to conclude transactions on behalf of legal entity, have to write a certification of data validity. The JAR-PP form determines the salary of 25 Lt and 2 Lt value payment for the preparation of notarial act project.
In order to validate the warranty of authority You must have Your document of identity (passport, identity card) and identity data of the authorized person – name, surname, identity code, place of living. If the authorized person is Your mother, the documents, proclaiming the relationship may be (but are not necessary) presented – certificate of birth, certificate of divorce.
If the warranty of authority is signed by You and Your spouse, and You got married not in Lithuanian Republic, the marriage certificate of Your husband, confirmed by “Apostille” and translated into Lithuanian language, is needed.
If the agreement is received as a present, it can’t be given back. As the signing and performance of the agreement, received as present, coincide, the parties, that have signed gift deed, can not terminate it.
The 3rd part of Article 6.465 of Lithuanian Republic Civil Code provides that gift deed, determining the right of the grantor to take back the given property or property right by one-sided decision, is not valid.
It is also should be noted that the cases, provided by Lithuanian Republic Civil Code, when gift deed can be terminated under the legal procedure, i.e. the grantor has a right to apply to the court for the cancellation of present, when the receiver of present makes an attempt on grantor or his relatives’ lives or intentionally injure them badly, performs such an actions, that are morally strictly objectionable and etc. (LR CK 6.472 art.), also if the receiver of the present does not perform the terms, provided in the contract (LR CK 6.467 art.).
Pursuant to art. 2.137 of Civil Code, power of attorney is a written document given by a person (a principal) to other person (a representative) to represent a principal determining and keeping relations with the third persons. A person acting as representative on behalf of other person by revealing the fact of representation and not exceeding given rights directly creates, amends and abolishes civil rights and obligations of the principal. You can authorize other person to represent your interests with the third persons and (or) institutions, offices by power of attorney. Power of attorney has to be certified in notarial order. Subject of agreement and grantee have to be provided in the power of attorney for conclusion of grant deed. If subject of agreement and grantee is not provided then power of attorney for grant deed becomes invalid. If property which is going to be granted is community property then both spouses have to conclude grant deed or both spouses respectively should authorize the third person to perform following actions. Following documents and data have to be provided to notary for confirmation of power of attorney: documents of principals’ (who authorizes) identity and representative’s (who is authorized) personal data – name, surname, personal number, address of place of residence.
It has been provided in part 1 of article 5.20 of Civil Code that testator’s children (adopted children), spouse, parents (adoptive parents) whom maintenance is necessary on the day of testator’s death notwithstanding the content of will testament succeed half of the part which would fall to all of them if they succeed according to law (compulsory part), unless it was granted more by will testament. Necessity of maintenance is presumed when such person on the day of testator’s death is juvenile, invalid due to his age (pensioner) or state of health (disability) if he is testator’s spouse and has his and testator’s juvenile child and then when maintenance was awarded from testator to these persons under valid judgment.
Pursuant to art. 5.20 of Civil Code, your brother has the right to compulsory part of legacy after father’s death if maintenance is necessary him on the day of testator’s death notwithstanding the content of will testament.
The answer is indicated under the 154th question.
We recommend you to consult a lawyer.
For granting a piece of land neither a certificate from the planning department nor agreement of joint owner are required. If a volunteer is not a spouse, a child (adopted child), a father (stepfather), a mother (stepmother) or a grandchild, he/she will have to pay income tax to the state. But if you want to sell a part of the indicated piece of land, then a joint owner has a preferential right to buy this property. If a joint owner does not want to buy the mentioned property, he can sign a refusal to buy in the notary bureau. If he cannot come to the notary bureau for any reasons, the seller has to send a suggestion to buy the buyable piece of land. The most important to the notary is that the joint owner would put his will.
From the presented information it can be seen that a person have not decided what notarial action he wants to make, i.e. if he wants to grant the property or to leave it by a will.
In the case of granting, an owner of the granted property becomes other person, i.e. the volunteer, from the moment of deed’s certification. During the confirmation of the deed, both parties have to be present. The list of documents which are necessary to conclude a deed of gift is presented under the 6th question. A fee of 80 litas is paid to notary for certifying a deed of gift to a spouse, parents, and children. You can receive the more detailed information in a notary bureau.
Another variant is to leave the property by a will. A will is a testator’s commitment of established form according to which the order of inheritance is established in the case of death. In this case a power of a will is directed to the future. Only in the case of a testator’s death according to the basis of the valid will legal consequences appear - a testator’s property rights and duties are transferred to an heir who had accepted inheritance. A testator can come alone to conclude a will. He has to have his identification documents, copies of heirs’ documents (or data) and ownership documents of property which will be inherited. The testator can change his will, if a situation has changed. A fee of 100 Lt is paid to a notary for certifying a will. You can receive more detailed information in a notary bureau.
Testator has the right to amend, append or cancel his will testament by making a new one or not to make it. Part 2 of article 5.35 of the Civil Code of the Republic of Lithuania provides that later made will testament cancels the first one or its part which conflicts with the later will testament. This provision is not valid for joint will of spouses. Testator can cancel will testament too. After cancellation of the later will testament the first one does not become valid, i.e. validity of will testament does not resume by itself. If testator wants to bequeath his property a person mentioned in the first will testament, then he has to express his will clearly and make a new will testament.
In order to get inheritance heir has to accept it. Heir has to accept inheritance in three months from the date of inheritance, i.e. from the date of testator’s death. The law of succession certificate will not be issued if inheritance is not accepted. Article 5.57 of the Civil Code of the Republic of Lithuania provides that court can extend the term of inheritance acceptance if it acknowledges that term was omitted due to serious reasons. In that case heir who omitted the term of inheritance acceptance gets only that part of property which belongs to him and was accepted by other heirs or passed to state left in kind. Also he gets funds received after realization of part of property which belongs to him.
Every natural person can bequeath all his property or its part one or few persons who are or are not heirs under law, also state, municipalities and legal entities. Thus testator has the right to bequeath his property a person who takes care of him or other persons. If testator changes his will then he can cancel will testament or make a new one and bequeath his property other person.
Article 5.17 of the Civil Code of the Republic of Lithuania provides that only other heirs under law or will testament who would inherit if will testament or its separate parts were invalidated can lay an action regarding invalidation of will testament or its separate parts. Pursuant to article 5.16 of the Civil Code of the Republic of Lithuania those will testaments are void which were made by incapable persons or persons whose legal capacity is restricted due addiction to alcohol, drugs or toxic substances, also those will testaments which content is illegal or unclear. Invalidation of will testament is competence of the court.
Parties can conclude tentative agreement where substantial conditions of the main i.e. sale and purchase agreement are discussed including price of purchase, term when the main agreement is going to be concluded. This agreement should be registered in the Register of Real Estate in order that the fact about commitment to conclude sale and purchase agreement was disclosed publicly. In that case the seller cannot sell this asset to other buyer. Moreover, it can be provided in tentative agreement that prospective buyer pays the seller particular amount as advance payment which will be included in total selling price.
Answer is provided at the question 126.
Answer is provided at the question 134.
When selling a presented flat, if 3 monthes have not gone after the right of ownership for it was acquired, one should pay an income tax to the State.
See answer in the answer to question 134.
See answer in the answer to question 112.
See answer in the answer to question 139.
See answer in the answer to question 109.
According to the Joint-Stock Company Law of the Republic of Lithuania, the stockholders have such property and non-property rights:
1) to receive a part of the profit of the closed joint-stok company (dividends);
2) to receive funds of the closed joint-stock company when an authorized capital stock of the closed joint-stock company is diminished with the purpose to pay funds to the stockholders of the company;
3) to receive the free of charge shares when an authorized capital stock of the closed joint-stock company increases at the expense of the closed joint-stock company with the exception of the case stipulated in article 42 p. 3 of the Joint-Stock Company Law of the Republic of Lithuania;
4) priority right to acquire the shares and convertible bonds issued by the closed joint-stock company with the exception of the case when a stockholders meeting in the order established by the Joint-Stock Company Law of the Republic of Lithuania decides to reverse the priority right for all the stockholders;
5) in the order established by laws to credit the closed joint-stock company, though, the closed joint-stock company when borrowing from its stockholders has not the right to pawn its property. The closed joint-stock company borrowing from its stockholders, the profit can not exceed average percentage of existing commercial banks according to the place of inhabitance and activities of the lender for the moment of drawing up the functioning contract of debt. In such cases, the closed joint-stock company and stockholders are prohibited to agree an increased profit percentage.
6) to receive a part of the property of the closed joint-stock company beeing liquidated;
7) to participate in stockholders meetings;
8) in accordance with the right of a stockholder to vote in stockholders meetings;
9) to receive the information about the closed joint-stock company indicated in article 18 part 1 of the Joint-Stock Company Law of the Republic of Lithuania;
10) to apply into the court with the suit about reparation of damages of the closed joint-stock company that have appeared due to non-execution and improper execution of duties of the director and board members of the closed joint-stock company stipulated in the Joint-Stock Company Law of the Republic of Lithuania and other laws as well as in articles of associations as well as in other cases established by the laws;
11) other property rights established by the Joint-Stock Company Law of the Republic of Lithuania and by other laws.
According to articles 2.124 and 2.125 of the Civil Code of the Republic of Lihtuania, those persons have the right to apply on the questions of investigation of activities of legal entities:
1) one or several stockholders whose nominal available and beeing possessed stock value is no less than 1/10 of the authorized stock capital;
2) one or several members of an economic association whose part is no less than 1/10 of the share;
3) one or several members of an agricultural association or cooperative whose shares are no less than 1/10 of the whole share;
4) participants of legal entities, with the exception of the legal entities indicated in articles 2.35 and 2.37of the Civil Code of the Republic of Lithuania and persons indicated in items 1, 2 and 3 of this section, having no less than 1/5 of all the votes;
5) those persons as well as participants of legal entities which are given such a right according to the constituent documents or agreements with the legal entities.
According to the Joint-Stock Company Law of the Republic of Lithuania, a stockholders meeting can not take a decision to impose and pay dividends, if there is at least one of the following conditions:
1) the closed joint-stock company is insolvent or should be insolvent when having paid dividends;
2) the sum of the profit (losses) determined for the accounting business year is negative (with losses);
3) the owned capital of the closed joint-stock company is less or after payment of dividends should be less than the authorized stock capital of the closed joint-stock company, required reserve, revalued reserve and the sum of the reserve of acqusition of own shares.
For the consultation concerning a possible violation of yours rights as of a stockholder of the closed joint-stock company, you can apply to the advocate. The juridical services beeng given by the advocates are foreseen in the Advocacy Law of the Republic of Lithuania where among juridical services beeng given by the advocates the consutations about jurudical questions (advices about jurudical questions), preparation of the documents beeing of juridical value, advocacy and representation in the processes are listed. The list of all the practicing in the Lithuania advocates and their contact data you can find in internet site according to the address: www.advoco.lt.
See answer in the answer to questions 135, 121, 85 and 54.
In article 5.21 of the Civil Code of the Republic of Lihtuania it is foreseen that a testator has a right to indicate in the testament another heir in such a case, if his appointed according to the testament heir died before appearance of the inheritance or has not received the inheritance. Also the testator can appoint as a second turn heir another heir, if the second turn heir died before appearance of the inheritance or has not received the inheritance. The succession of appointment of other heirs is not limited.
You as a second turn heir can receive the inheritance only provided that the first turn heir dies before receiving the inheritance or does not receive it or disclaims it. In this case, your father has received the inheritance, therefore, you as a second turn heir have not an argument to inherite remained property. We recommend you to apply into a notary‘s office that administers inheritance questions and, if in the testament there would be indicated that you have the right of succession, the information about the matter of the testament would be produced for you.
The purpose is to build a house on a land and register all in wife‘s name. If it is possible, what period would be needed for that?
The married couple according to their common agreement can divide the property that is their common property. According to the contract about division of property, the property can be registered into the ownership of one of the married couple and another one can inquire about the compensation.
Contents of an agreement of marriage are regulated by the article of the Civil Code CK 3.104. The sides of an agreement of marriage can choose an acceptable legal procedure for a property (existing or prospective) being accepted both before and after the marriage. In an agreement of marriage, the rights and obligations connected with property regulatiion, mutual maintaince, method and order of division of property in case if the marriage is dissolved and other questions about mutual property relations during the marriage can be stipulated. Though, in your specific case, we recommend you to apply to a notary office with documents.
When establishing a legal entity, in addition to other needed documents for the notary, a statement of the owner ought to be produced that he is consent to give to register an office in him belonging appartments through the law of property. That is why the owner being consent to register a community office in his flat is to arrive with a passport into the notary office. Besides, a creditor‘s consent can be needed that one can register a legal entity in case if an appartment is mortgaged.
The article CK 3.87 determining the statute-established legal procedure of the property accepted during marriage reads that the marriage property accepted during marriage is their common property. The plot presented to your husband is considered his personal property, whereas the house that you are building by your joint means belongs you both regardless of what name it is registered.The husband can present you the part of his plot him belonging through the law of property.
In your question, it is not clearly expressed about what legal entity you say. The public organizations law regulating questions connected with establishing, activity and cessation of activity of public organizations is no more valid. Though, when establishing another legal entity choosed, for example, an association or community office you can submit to the notary the documents we give below:
a. Regulations (2 copies);
b. Statement of founding (contract);
c. Proceedings of the constituent assembly;
d. Consent about location in case if a legal entity is registered in an appartment not belonging to the founder;
e. Consent of the creditor allowing to register a legal entity in case if an appartement is mortgaged;
f. Notification of the disponent of the register of legal entities about temporal incorporation of the name of a legal entity into the register of legal;
g. Passport copies of authority members.
This list is not be understood as a final one because other documents not named there may be needed to the notary when making legal investigations of the documents.
According to your information, it is clear that at the moment of your father‘s death the Civil Code of 1964 was valid which now isn‘t. Directives of the Code mentioned said that an heir wishing to receive an heritance ought to apply during six months to the notary office according to the place of location of the ineritance having submitted application about reception of the inheritance. Therefore, not having submitted into the notary office an application according to the place of location of the inheritance during six months you had delayed the term determined by the law. Besides, one can see from the information given that other heirs of the father have received already the certificate of the right of inheritance. So, when wishing to receive a part of the inheritance you would need to restore in the court not only delayed term of reception of the inheritance but to contest the already issued certificate of the right of inheritance. Besides, the question of the out-of-date term is being brought up. It is impossible to answer your question whether you can receive a part of the inheritance. To decide the question disquieting you we recommend to apply to the advocate.
If the departed has not drawn up a will his property remained will be inherited according to the legal procedure determined by the law. The article CK 5.11 regulates heirs according to the established order. In case of the death of a person, a part belonged to him may be inherited. Therefore, if a half of the house belonged to the departed man his heirs can inherite just this part of the property. According to the article CK 5.11, the children are considered heirs of the first turn, never mind in what marriage relations was the departed and they have the right to inherite the property of the departed father.
Beginning from June 1st of this year, the new order of temporal departure of children entered into the force. A written consent of another parent is not needed for a child temporal leaving abroad with one of parents. In this case, if surname of the child differs from that of the parent he leaves with, in addition to other documents a birte-certificate is needed. If the child goes alone or with an attendant a consent at least of one of parents or of a tutor ought to be submitted to the functionaries of a frontier check point of the Republic of Lithuania and its copy. In the consent the authenticity of signature ought to be acknowledged by the notary or a diplomatic representative of the Republic of Lithuania or an official of the consular office or of the headman.
When selling the property acquired 10 years ago (never mind the reason of its acquisition) a tax is not needed to be paid.
In the letter of attorney, the name, surname, personal code, place of residence, date of its drawing up and term of validity of both the principal and the agent ought to be indicated. If in the document a term is not indicated it is valid one year from the date of its drawing up. Also the principal when giving authority to act on behalf of him ought to indicate contents of his authority, that is to say, those activities which can be carried out. One of reasons to cease the validity of the letter of attorney is the death of the pricipal or the agent. So, after the death of one of yours the letter of attorney becomes invalid.
The customer wishing to carry out notary actions ought to apply into the notary office. Since the character of notary work is connected essentially with confidential obligations he can give the information about notary activity only to the person being connected with this activity and him authorized. All the exhaustive and needed for notary activity information for the customer will be produced him only after his arrival into the office.
It is not possible to answer exactly the question disquieting you.Besides, the questions of restitution of land are not related to the notary activity. We recommend you to apply into the department of organization of the use of land..
If your grandmother remained all her property according to the testament to three children after the death of your father has not drawn up a new one a remained part belonged to your father passes to other heirs according to the testament and is divided by equal parts. So, her remained 2 children will inherite the inheritance originated after the death of the grandmother.
The article CK 5.11 determines the priority of heirs according to the law. It is clear from your information that her immediate family are the children of her departed brother. So, if a testament is lacking the children of her departed brother will inherite her property according to the law by equal parts.
The property inherited is acknowledged a personal ownership of a spouse. An agreement of the other spouse is needed in those cases, if a legal regime of family property is applied. As a family property are considered living quarters for a family as well as movables for satisfaction of daily living needs of family members including furniture according to article 3.84 of the Civil Code of the
1. Owner of the inherited property and/or him/her spouse have the right of ownership for the other living quarters that is registered as family property in the Government enterprise „Register centre“. A special note on accordance of such the status ought to be put down in the data of the GE „Register centre“;
2. Owner of the inherited property and/or him/her spouse have the right of ownership for the other living quarters that is declared as living quarters of both spouses and their children under age.
According to article 3.89 of the Civil Code of the Republic of Lithuania, the property acquired by a spouse before marriage is acknowledged as personal ownership of the spouse. As personal ownership of a spouse is considered the property presented after marriage, if in the deed of gift one has not indicated that the property is given into common ownership of spouses. According to the general rule, such the property isn’t subject to divide in the case of divorce.
When presenting property, an agreement of the joint owner (i.е. of the sister) is not needed.
It is needed your signed and acknowledged by the notary letter of attorney through which another person is authorized to receive a diploma and/or to carry out other activities.
The official supervision on notary perfomances is realized by a person appointed by the Minister of justice of the Republic of Lithuania. The official supervision on notary performances is realized by the order determined by the Minister of justice of the Republic of Lithuania. During examination of notary performances, one examines how the notaries observe requirements determined for notary offices and labour hours of notaries, how reception of persons is organized, how one observes the notary register rules, acknowledgement of recordings and filling out notary certificate forms, how one keeps in order and uses in his activity draught up documents. The official supervision being realized by a person appointed by the Minister of justice of the
In article 5.11 of the Civil Code of the Republic of Lithuania there is foreseen that children of a testator are the heirs of the first place. The range of heirs according to the law can be changed by the testator during drawing up testament. When deciding inheritance questions, it is necessary to appeal to the notary in accordance with the latest residence of the departed. Territories of notary activities on inheritance questions are presented on the site of the Lithuanian Notary Palace on the address: http://www.notarai.lt.
After death of the testator, the heir inherits only those property that is testator’s ownership. If in the testament the property is indicated that doesn’t belong to the testator, a certificate of the right of inheritance for such the property will not be issued.
A representative of the buyer-legal persona needs to submit to the notary such documents:
1. registration certificate of the enterprise;
2. association status, changes of the status ( if any);
3. in accordance with the status, resolutions of adequate bodies about buying definite property for a definite price;
4. notarially acknowledged and signed by the head letter of attorney, if a contract is signed not by the head;
5. identity paper of the head/agent;
6. if payment for being buyed property is made through banking credit, a credit contract or banking writing out about credit granting is necessary.
This list of documents can not be considered as in the final shape. The notary carries out legally investigations of the documents and taking into account concrete circumstances of a contract can require other not mentioned in this list documents as well.
An heir entered into possession of inherited property needs to appeal into the notary office according to the latest declared residence of the departed and write application about reception of the inheritance. The notary can issue the certificate for the right of inheritance according to the applications submitted. If the heir has not submitted the application about reception of the inheritance during a determined term, the legal fact that the heir has received the inheritance possessing it in fact can be established by the court. Besides, if the heir has missed the determined term, the court can prolong this term, if it will be acknowledged that the term was missed because of a valid reason. A spouse that outlived the testator inherits according to the law or together with the heirs of the first or second place (if any). Together with the heirs of first place he/she inherits one fourth part of the inheritance, if number of heirs is no more than three not counting the spouse. If number of the heir is more than three, the spouse inherits an equal part with other heirs. To receive more detailed information, one can appeal to the notary pleaded inheritance cases. Territories of notary activities on inheritance questions are presented on the site of the Lithuanian Notary Palace on the address: http://www.notarai.lt.
The testament can be changed only by the testator himself.
The wife outlasted his testator (your father) inherits according to to the law together with the descendants of the first and second generations (if these are available). As heirs of the first generation are considered the children of the testator (including adopted ones) and children of a testator born after his death. Together with the heirs of the first generation, a wife inherits one fourth of the inheritance, the number of heirs is no more than three not counting the one of the married couple. If the number of heirs is more than three, one of the married coupe inherits an equal part together with other heirs.
In your question, you have mentioned that you have inherited all the property registered in the name of the father. After death of your father, both you with your brother and your mother ought to apply to your notary on the inheritance questions, that administers according to the last place of the habitation of the departed. Concerning the flat mentioned, that has been acquired by your parents during the marriage (if a property is acquired during the marriage, it is presumed to be considered as a jodint property of the wife and husband), after death of your father his part in the joint property ought to be inherited according to the law and accordint to the testament (if this was available).The testator can leave according to the testament to his choosed heir a part belonging to him. So, your mother has left her part of the flat acorrding to the testament. The right for other part of the flat ought to be acknowledged..
If, according to the testament (if this was available), not all the property is left, but only its part of the property belonging to the testator, the property not left is inherited according to the law.
To receive more detailed information, one can appeal to a notary administering inheritance questions. The notaries administering according to their activities are presented on the site of the Lithuanian Notary Palace on the address: www.notarai.lt.
Each person interested has the right to appeal to the court juridically as to defend his right being iolated or contested. To receive the consulation on a possible violation of the right, one ought to appeal to an expert. The legal cervices of the advocate rendered are foreseen in the Advocacy Law of the Republic of Lithuania, where legal consultations, prepare of legal documents, representation on legal questions, advocacy and representation in business processes are named as well. You can find the list of advocates practicing in the Lithuania and their contact data on the internet site on the address: www.advoco.lt. Concerning bill forms, see the answer to question 81.
The notaries aren‘t authorized to decine the questions on restitution/restauration of the land. To receive more detailed information, we recommend to appeal to a department of organization of the use of landi in any town or region.
a) according to which, my mother (she lives abroad) authorizes an other person to present me a part of her flat in Lithuania belonging her after the divorce with the husband.
b) according to which, my mother (she lives abroad) authorizes me to receive in the“Hansabankas“ the restored deposits belonging her.
A citizen of the Republic of Lithuania can appeal to the diplomatic representatives of the Republic of Lithuania or a consulting office that carries out notary performances stipulated through the laws of the Republic of Lithuania including acknowledgement of a letter of attorney as well.
Represented documents and data to acknowledge a letter of attorney are: the data of the principal (that authorizes) – name, surname, personal code, residential address.
See the answer in questions 98 and 53.
To transmit a real esate, you don‘t need the three-year termin. A deed of gift isn‘t payed. When presenting a property, a presenting person not receives an income, therefore he dousn‘t need to pay a ingome-tax. A receiver of the property presented ought to pay income-tax, if according to the Income-tax law of the Republic of Lithuania, art. 17, part 1, p. 19 a privilege for him isn‘t presented. According to the Income-tax law of the Republic of Lithuania, art. 17, part 1, p. 19, as a not payed incomes are considered: incomes received according to a testament that is an object of the payment according to the legal acts of the Republic of Lithuania regulating the payments on the property inherited, the incomes received as a result of present from children (adopted children) born during a marriage, parents (adopted parents) and great-parents as well as from other persons by means of donation during the payment period the sum (costs) not exceeding 24 basic NTS (non-taxable sum).
To a natural person that is incapable a tutorship is established. A contract in name of the a person incapable is drawn up by his tutor. Your brother that is considered as incapable ought to have a tutor.. His nutor acting in the name of your brother has the right to receive the inheritance. The tutor of an incapable person when receiving an inheritance ouhgt to appeal into the court.
In the order of the Minister of justice of the Republic of Lithuania „About confirmation of the transient fee to the notary for carrying out notary performances, preparation of contract projects, consultations and technical cervices“ it is foreseen that a fee to the notary for acknowledgement of an agreement of marriage is 150-300 Lt. Reception of the information from the register and other actions connected with carrying out acknowledgement of the contract costs additionally.
Your mother can authorize any capable person to carry out the certain actions in the name of her. An authorized person can act in the name of your mother only having a notary or consul certificate giving the right to carry out notary actions authorized through the letter of attorney. A citizen of the Republic of Lithuania can appeal abroad into the diplomatic representation of the Republic of Lihtuania or a consulting office carrying out notary actions foreseen by the laws of the Republic of Lithuania, including acknowledgement of the letter of attorney.
The property inherited during the marriage after the marriage has been contracted is considered a personal property of the husband unless this property was handed over into the common possession of the married couple. Legal norms concerning the family property are applied according to the Civil code of the Republic of Lithuania, art. 3.84 (see the answer to question 63). See the answer to question 61, part 2 as well.
The notarty confirms the branch regulations complying with the requirements of the law and the fact that a natural person can registre the branch. The documents on branch founding submitted to the notary are represented on the internet site on the addresses: www.registrucentras.lt, referring to registration of the new jurudical person, or www.notarai.lt, refering to the customer cervice registering the juridinis person.
According to Article 2 of the Notary Law, the notary is a State representative person charged with the fiduciary functions and guaranteeing that unlawful contacts and documents aren‘t in civil legal relations. The article 13 of the Law mentioned shows that the notaries are guided in their work with the Constitution of the Republic of Lithuania, laws of the Republic of Lithuania, government resolutions, legal acts of the Department of Justice and resolutions of the Notary Palace as well as with other legal acts.
When carrying a notarial action, the notary is obliged to make sure that a being realized contract doesn’t contradict to legal acts and meet their aquirements. Otherwise, conditions of Article 40 of the Notary Law of Republic of Lithuania oblige the notary to reject carrying out such noptarial action.
Therefore, the notary is obliged to be especially attentive, careful and to meet other requirements; he ought to make sure that a being drawn up contract not only meets conditions of legal acts and doesn‘t contradict them but it meets the actual will of the parties. It is important to underline that a function of the notary during acknowledgement of a contract is double one, t.e.: first is to make sure that a beeng drawn up contract doesn‘t contradict legal acts and meets them and the second function, no less important, is to make sure that the parties of a contract understand consequences of signature of legal documents and aim at this.
When answering Yuor question, one ought to discuss a conception of letter of attorney. Therefore, according to Article CK 2.137, a letter of attorney is the written document being given by one person (Principal) to other parson (Trustee) and giving him the right to be an agent of the principal during establishment of relations with third parties. A person acting as representative on behalf on other person, when disclosing the fact of representing and not going beyond his rights, creates, changes and cancels directly civil rights and responsibilities of the person represented.
That is to say, if in Your specific case the trustee hasn‘t the right to receive money, he cannot to carry out such the acts.
In our Notary‘s Office the applications of parents are drawn up about their agreement that the children under age could be bound for the states named by the parents.
Usually, an agreement for departure of the children under age is needed from that parent which doesn‘t leave for overseas together, with exceptions being determined through the legal acts. For example, when a child leaves for an foreign state with only one of parents (adopting parent) an agreement of other parent (adopting parent) isn‘t needed, if the child goes with that of parents (adopting parent) the court has determined the residence of the child with.
The detailed information about documents needed You can find on web site of the Ministry of Home Affairs to the address: www.vrm.lt with reference to Department of Migration.
The cost for drawing up an application is 6 Lt.
It is difficult to aswer Your question unambiguously being based only on the information available. When pleading a case about inheritance, the notary carries out investigation of legal ducuments available and being based on conditions of legal acts takes an appropriate decision.
Though, the legal acts determine a right to appeal to the court for those persons which decide that their interests are affected.
By such situation, if it is necessary to receive a court determination concerning permission for sale of a flat, we recommend You to appeal to an advocate or other legal expert who prepares such documents. A notary cannot carry out such function because it isn‘t his competence according to legal acts.
In item 1 of the decree of the Attorney-General of the Republic of Lithuania „About acknowledgement of temporal fee amount for the notary for carrying out notarial actions, preparation of contracts, consulting and technical services“ it is provided that notary fee for real esate transfer should be 0.5 per cent of the sum but no less than 100 Lt.
||In Article 21 of the Garden Associations Act of the Rebublic of Lithuania it is explained that a gardener may be member of the society in the territory of amateurish gardens where the society is founded. The Article of the above Act determines the right for a part of common property of gardeners and its realization. In part 5 of the Article it is explained: „Those persons which aquire a groung area in the territory of an amateurish garde and not want to join the society as well as the persons who left it or is excluded of it are obliged to draw up a contract concerning conditions of use of common use objects, order and prices. For all the services and common use objects used the nonmembers of the society settle accounts with the sočiety according to conditions and order of the contract.
Therefore, having aquired a ground area in a gardener society You aren‘t obliged to join it but you snould draw up a contract with the sočiety concerning common use objects according to which You should settle accounts for the services.
The list of documents concerning Your question You can find by thq question 23.
In Article CK 5.50 alternative methods of reception of coming inheritance, that is to say an heir is considered entered into inheritance when he has begun actually to possess the property, appeals into the district court according to the place of location of the inheritance concerning the question of drawing up inventory of property or when an heir has submitted an application to the notary concerning reception of the inheritance according to the place of appearance of the inheritance. The actions mentioned should be carried out during three monthes from date of appearance of the inheritance.
It is important that the inheritance can be received on expiration of the date and without appeal to the court, if all other heirs receiving the inheritance agree with it. Therefore, we recommend to appeal concerning inheritance questions initially in place of appearance of the inheritance to the notary which having investigated the concrete situation and legal documents would advise which procedure concerning inheritance of the property follows.
By such situation, if it is necessary to appeal to the court concerning renewal of a defaulted term determined by the law and according to the Article CPK 576 an application on the question mentioned is submitted into that court in the territory of whose activity should be carried out the action of legal sense. Therefore, You could appeal into the district court according to the place of appearance of the inheritance. The Article CK 5.4 regulates the question concerning the place of appearance of the inheritance.
With questions concerning an proper drawing up application into the court we recommend You to appeal to that advocate or legal expert who prepares such documents and is competent to give You needed information.
According to the Articles CK 6.393, a notarial form is obligatory for the sale contract for a real esate.
It isn‘t all clear in the question what it signifies: How is determined the price of the property saled or the price of drawing up the very sale contract (notary fee). Therefore, in virst case, the price of a real esate saled is the matter of an agreement between buyer and seller. In second case, in item 1 of the decree of the Attorney-General of the Republic of Lithuania „About acknowledgement of temporal fee amount for the notary for carrying out notarial actions, preparation of contracts, consulting and technical services“ it is provided that notary fee for real esate transfer should be 0.5 per cent of the sum but no less than 100 Lt.
To give a concrete answer to Your question, one needs more information. The situation may be modelled depending from several circumstances. Therefore, if the testator has left all his property to destined heirs according to the testament, a part inherited that belonged to the departed heir passes to other heirs according to the testament and is divided between them in equal parts. Though, if not all the property is inherited according to the testament but only a part of the property belonging to the testator the undevised property as well as a part of the property of the departed heir is inherited according to the law.
A notary pleading inheritance cases will give You detailed information concerning a concrete case. The allocation of being serviced territories of the Notary‘s Offices available in the Lithuania is represented on the site the Lithuanian Notary Palace to the address: www.notarai.lt .
In item 1 of the decree of the Attorney-General of the Republic of Lithuania „About acknowledgement of temporal fee amount for the notary for carrying out notarial actions, preparation of contracts, consulting and technical services“ it is provided that notary fee for real esate transfer should be 0.5 per cent of the sum but no less than 100 Lt.
Therefore, if the value of the being saled property in the sale contract would be priced 30 000 Lt the price of the contract will be 150 Lt plus about 100 Lt for technical work and inquiries needed for drawing up this contract.
According to the information available, officially Your brother was born when Your mother was married to Your father. In the birte-certificate of the child a husband of the mother is registered as the father. So, between the persons (parents and children) appear the legal relations with all the legal responsibilities between them. Therefore, Your father is legally the father of Your brother, so the brother has the right to inherite a part of remained property of the departed father.
To contest the fatherhood, one should appeal to the court according to the order determined by the law.
A grandfather may give his grandson the garden area, which belongs to him by the right of personal property, as a gift. If the area is a common joint spouses’ property, the both grandparents may give that area as a gift. Following paragraph 19 of article 17 of Residents’ Income Tax Law of the Republic of Lithuania, the income obtained in a form of a gift from grandparents shall not be taxed. However, the gift recipient would have to pay residents’ income tax in the case if his grandfather’s spouse is not a grandmother of the gift recipient.
If a grandson wants to sell that area before three years since receiving the gift have passed, then, following LR Residents’ Income Tax Law, he would have to pay residents’ income tax.
The seller shall write an application that he is single and does not have any under-age children, and the seller’s signature in such application shall be notarized. However, that is not a rule applicable in all cases. In each individual case, a notary shall perform legal investigation and demand the documents necessary for making a certain transaction.
Civil Code of the Republic of Lithuania which was effective in 1995 as well as Civil Code of the Republic of Lithuania effective since 01.07.2001 provides that a court can extend the deadline established for acceptance of inheritance if it acknowledges that the deadline was missed due to important reasons.
In presence of certain circumstances, heirs can approach the court regarding determination of the legal fact that they have accepted inheritance actually owning it.
However, the above-mentioned questions are in court competence. These matters shall be settled by court. In such case, a notary follows judgement or decision made of the court.
Individuals may conclude real estate sale transactions privately or through representatives. Having issued a letter of attorney, an assigner provides an assignee with the right to act on his or her behalf. Circumstances concerning ownership, mortgage, arrest, etc. of property to be sold shall be checked by a notary prior to notarizing a transaction, irrespective of the fact whether the transaction is made privately or through a representative.
In paragraph 50 of the order of the Minister of Justice of the Republic of Lithuania “Regarding confirmation of temporary sizes of notaries’ fees taken for execution of notarial actions, preparation of drafts of transactions, consultations and technical services” it is provided that the notary fee for provision of consultation is 10-200 Lt.
In accordance with chapter 3 of article 47 of LR Constitution on constitutional law implementation since May 1, 2004, foreign individuals, satisfying European and Transatlantic integration criteria, have the right to acquire land, forests and internal waters following the same procedures and under the same conditions as Lithuanian citizens and legal entities. Methods of acquisition into ownership are unlimited. Foreign legal entities and foreign organizations are considered as matching European
1. EU member states;
2. states which have entered into European Contract (Association Contract) with European communities and their member countries;
3. member states of Organization of Economic Cooperation and Development (OECD), members of North Atlantic Treaty Organization (NATO) and countries participants of Agreement on European Economic Zone.
The following foreigners (physical persons) satisfy European and Transatlantic integration criteria:
1. citizens of the above-mentioned states;
2. permanent residents of that states;
3. permanent residents of Lithuania who do not have citizenship of the Republic of Lithuania.
However, it is worth to point out that even those individuals who satisfy European and Transatlantic integration criteria do not have any right to acquire any land of farming and forest economy purpose fro 7 years since the day of admission of Lithuania to EU (i.e. May 1, 2011), except:
1. foreigners (physical persons), who have been permanently residing in Lithuania for no less than 3 years and undertaking farming activity;
2. foreign legal entities and other organizations which had established representative offices or branches in Lithuania.
If the apartment your mother wants to give you as a gift is in Lithuania, then such gift contract may be concluded only in Lithuania. Your mother may issue a letter of attorney to any other person so that he or she could give that apartment as a gift to You. However, the letter of attorney for conclusion of a gift contract must indicate subject of the contract and gift recipient. Without indicating subject of the contract and gift recipient, the letter of attorney is not effective for concluding a gift contract. If the apartment which you mother wants to give you as a gift is joint property belonging to her and her spouse, then both spouses are obliged to conclude a gift contract.
One of the spouses may give the other spouse as a gift the property given to him or her as a gift by the spouse as well as by any other people. Also, spouses can leave the property to each other by testament. Precise answer to the mentioned question can be provided only when circumstances of conclusion of transactions and will of the spouses are known.
The property acquired individually by both spouses before conclusion of marriage is acknowledged as personal spouses’ property. The property acquired after conclusion of marriage by both spouses or on the name of one of them is acknowledged as common joint spouses’ property.
The property which is a personal property of one of the spouses can be a acknowledged by court as a common joint property, if it is established that during marriage this property has been substantially improved by common funds of the spouses or by funds or work of the other spouse (capital repair works, reconstruction, rearrangement, etc.).
If the testator deceases, then successors inherit the property which belonged to the deceased, i.e. the property which belonged to the deceased by the personal property right and the share of the property of the deceased in the common joint property.
You, being a legitimate heir of your father, have the right to inherit a part of the property of your deceased father if testament has not indicated otherwise. In case if Your father had died being single, or being divorced, or he was a widower, he also had no more children and had not made any testament, You have the right to inherit all of his property. Whereas Your father is his father’s, i.e. Your grandfather’s, legitimate heir. Successions of heirs according to the law are indicated in article 5.11 of Civil Code of LR. Your right to inherit your grandfather’s property depends on the fact who had deceased earlier – Your father or grandfather, also, has Your father accepted inheritance after his father’s (i.e. Your grandfather’s) death and other circumstances.
It should be emphasized that the heir willing to inherit the inheritance must accept it. Following provisions of the art. 5.50 of the Civil Code, the heir is considered as having accepted the inheritance when he has practically started managing it, contacted circuit court of the place of origin of the inheritance regarding making inventory of the property or when a heir submitted application on acceptance of the inheritance to a notary of the place of origin of the inheritance. An heir must perform the mentioned actions within three months since the day of appearance of the inheritance.
The above-mentioned opinion shall not be understood as the final legal conclusion; therefore, one should ask the notary processing inheritance case for more detailed information. Territories of notary practice for the cases of inheritance are provided at the website of Lithuanian Notaries Chamber: www.notarai.lt.
Income received after selling property, the seller of which has not held ownership right for three years, following LR Residents Income Tax edition effective currently, shall be taxed at 15 percent or 27 percent tax rate, depending on which method of calculating tax will be chosen by the person who has received income.
Following Lithuanian Republic Residents’ Income Tax Law, the general rule is such that when selling inherited property earlier than within three years since receiving the property, one shall pay residents’ income tax. The tax shall be paid from the income received, i.e. from the difference between the amount for which the seller has received the property and the amount for which he has sold that property. Following the edition of LR Residents’ Income Tax Law effective currently, income shall be taxed at 15 percent or 27 percent tax rate, depending on which method of calculating tax will be chosen by the person who has received income.
The above-mentioned opinion shall not be understood as the final legal conclusion; therefore, one shall contact State Tax Inspectorate’s departments for more detailed information.
Law of the Republic of Lithuania On Accommodation Bills And Promissory Notes provides for an opportunity to write out accommodation bills and promissory notes. Promissory notes can be both protestable and non-protestable. All requisites necessary for bills of exchange are specified in the Law of the Republic of Lithuania On Accommodation Bills And Promissory Notes. Requisites provided for by the Law are an indispensable condition for validity of bills of exchange.
A permission of court is not necessary, if a legal regime of family property is not being applied to the property that is being presented as a gift. Answers to the present question you will find by the questions 69, 46, 33, and 8.
The answer is specified by the question 8.
A heir who has right to inherit property of a devisor, may decide to refuse the emerged inheritance. In this case, he/she will have to address a notary of inheritance emergence location by submitting an application concerning refusal of inheritance. theA notary processing inheritance file or any other notary addressed by an heir must provide You with all the necessary information. However, if due to any kind of reasons an heir cannot arrive to location notary bureau, he/she may address any other notary and write a required document. However, inheritance refusal must be transferred to a notary of inheritance emergence location. Apart from that, an heir may authorize any other person to refuse inheritance on his/her behalf.
Division of territories serviced by notary bureaus in Lithuania is provided at the website of Lithuanian Notaries’ Chamber: www.notarai.lt .
Notaries are not appointed to settle land return/restoration matters. We recommend requesting more detailed information in any land planning department of the city or region.
To answer Your question, it is necessary to get familiar with the contract. Normally, if there is no indebtedness, the purchase – sale contract includes the seller’s statements on his/her claiming that there are not debts for the property being sold, apart from other statements. From the information You have provided, one could see that the notary was not presented with the statements on their absence. The notary, certifying the contract, is guided by the documents submitted to him. In this case, responsibility question arises for the enterprises which have provided false information and for the seller if she, knowing about debts, spuriously stated their absence. Apart from that, the seller of the object is responsible for fees, utility and other services before the moment of transferring the object.
Even those foreign subjects who meet European integration criteria (Canadian citizens as well) cannot acquire any land of agricultural purpose and forest industry purpose before the end of 7 years’ transitional period, defined in the Contract on European Union Admission of the Republic of Lithuania, i.e. before May 1, 2011.
Following art. 5.75 of the Civil Code, if the land is inherited by an heir who cannot hold land ownership right according to laws of the Republic of Lithuania, he acquired the right only to a monetary amount received after selling the inherited land.
Inheritance files are processed according to inheritance emergence location. Division of territories serviced by notary bureaus in Lithuania is provided at the website of Lithuanian Notaries’ Chamber: www.notarai.lt
A guarantor can be replaced only with creditor‘s consent. Concerning replacing a guarantor, it is necessary to address a creditor, i.e. the bank, which granted a loan to the brother.
A power of attorney to dispose property, including selling property, can be given only by a property owner or an agent of an owner, for whom a right to appoint another person as a subagent is provided for in the given power of attorney. A situation where a child gives a power of attorney to dispose not his own property, but mother’s property, is impossible altogether, unless the child has a power of attorney given by his mother with a right to appoint another person as a subagent. Each owner can sell, exchange own property, and otherwise freely dispose it, with the exception of cases, when property is mortgaged, or title of ownership is otherwise constrained. Even drawing up a testament does not abridge owner’s right to sell or to transfer a devised property to any other person in another manner. None of the children can affect mother’s right to sell or to otherwise dispose property belonging to her.
In accordance with the Civil Code, effective till 01-07-2001, the period for accepting inheritance was six months from the day of inheritance origination. In accordance with the currently effective Civil Code, the period for accepting inheritance is three months from the day of inheritance origination. A time of inheritance origination is considered to be a moment of devisor’s death. In case after issuing a certificate of succession right, other property of the deceased appears, then an additional certificate of succession right is issued.
A loan agreement of natural persons has to be in writing, in case a sum of loan exceeds two thousand litas. The Civil Code of the Republic of Lithuania does not provide for the obligatory notarial form for a loan agreement. In case a debtor does not pay the loan, then a creditor has a right to go to law, defending own infringed rights. In case a loan agreement was signed after 01-07-2001, then, following the Article 1.125 of the LR Civil Code, a total period of limitation period of a suit is ten years. A period of limitation period of a suit commences from the day of origination of a right to the suit. The right to the suit originates from that day, when a person has learned or should have learned of infringement of own right.
An order of calculating a notary fee for confirming a contract is indicated by the question 8, list of documents is indicated by the question 23.
Will I have to pay taxes to the state from the inheritance left under the testament or from the sum of sales?
Inheriting a property upon parents’ death, children, having proved by documents their cognation, do not pay an inheritance tax. While selling an inherited property before 3 years after acquiring rights of ownership have passed by, a residents’ income tax is to be paid to the state.
A bill of exchange is a security, which is written out in accordance with the order established to the Law of the Republic of Lithuania about accommodation bills and promissory notes, and, under a bill of exchange, a person, who has written it out, unconditionally obligates to pay directly and indirectly a certain sum of money to a person indicated in the bill of exchange or to assign this task to another person. An obligation to pay a certain sum of money is not concerned with any other duties, debts, etc – a bill of exchange is an unconditional obligation. No basis is necessary, relying on which a bill of exchange should be written out.
While buying an apartment, a purchase-sales contract is drawn up and notarized, in accordance with which a seller assumes an obligation to transfer the property and receives a right to require for money to be paid, whereas a buyer acquires a right to require for an apartment to be transferred and obligates to pay the sellers the sum of the sales. While buying an apartment, a buyer should not write out bills of exchange, under which he/she would obligate to pay sellers a certain sum of money.
Consent of the parties to conclude a purchase-sales contract in the future is guaranteed by drawing up a preliminary contract.
A mother can present a part of the land plot, which belongs to her, to her daughter. If the mother purchased the plot together with her spouse, the part of the land plot shoul be presented by both spouses. If the mother‘s spouse is not the father of her daughter, the donee will have to pay a citizen income tax from the presented part, which belongs to the spouse, to the state. Such a contract can be certified by any of the Notary.
An exception is used, in accordance with the Article 31 of protected territories law, when the land plot subject to the title is in state reservations ans state parks and is not allowed to be separated in parts when it is sold, rented, marked off and mortgaged or donated, with ecxeption of those cases when the boundaries of other land plots are changed.
The list of the documents delivered to the Notary of the seller is indicated to the question 23.
A child can get both father‘s and mother‘s surname. A discrepancy of children surnames with father‘s surname does not have any influence to their father‘s origin, which is maybe known or can be settled in accordance with the Civil Code of the Republic of Lihuania. The child mother and other persons identified in the Article can apply to the circuit court according to the living place of plaintiff or defendant for establishment of paternity , when the child‘s father is already dead, in accordance with Article 3.147 of the Civil Code of the Republic of Lithuania.
The successors of the dead man can make a claim for the contest of paetrnity to that man, who is dead, if the limitation term has not expired, in accordance with Article 3.151 of the Civil Code of the Republic of Lithuania.
If the dead brother is the father of the children and if paternity is acknowledged to Your dead brother, grandfathers‘ grandchildren would inherit the inherited property together with the grandfathers‘ children by the right of representation (in stead of their dead father) according to Articles 5.11 and 5.12 of Civil Code of the Republic of Lithuania. The grandchildren would equally inherit that part, which would have belonged to their dead father.
In general order, if an individual enterprise is reorganized into joint stock company, a financial accountability of the reorganized individual enterprise is necessary.
Legal regime of the family property is not applied to the flat, which was inherited by the spouse, then the spouse’s consent is not necessary.
Family property, according Article 3.84 of the Civil Code of the Republic of Lithuania, is the accommodation room of the family, also movable items, used for supply of family household demands, including furniture, and the right to use accommodation room is acknowledged. This property acquires the legal status of family property from the date of marriage registration; however, the spouses can use it against the honest third persons only when the movable items are registered as family property.
In accordance with the Articles 5.11 and 5.13 of Civil Code of the Republic of Lithuania, You, Your sister, and Your mother are the succesors after your father‘s death. If You wish Your mother would inherit all the devise, applications from the devise from all other succesors are necessary.
Following Civil Code of the Republic of Lithuania, property acquired before marriage is personal property of either spouse. Moreover, even property inherited during marriage is personal property of a spouse if the will did not indicate that the property is transferred to joint co-ownership of both spouses. Property acquired by future spouses before marriage remains personal property of either spouse. This property may become joint co-property only after conclusion of a marriage contract indicating such change of legal state of property. A marriage contract must be registered in the Register of Marriage Contracts.
However, it is necessary to note that the Court may declare property which is one spouse’s personal property to be joint co-property by if it is discovered that this property was substantially improved during marriage using mutual funds of both spouses or funds or work of the other (spouse) (major repairs, reconstruction etc).
Concerning persons, who have declared their place of residence in a flat belonging to other persons, see. the answer to question 51
Please find transactions conclusion price-list by the response to question 8.
Children of the deceased grandmother shall inherit the property in equal shares.
The heir shall submit an application regarding acceptance of inheritance to the notary of inheritance appearance place within 3 months of inheritance appearance.
In your case, you do not have to pay property tax to the state.
You will find the list of documents you need to submit in order to proceed with the inheritance case by response to question 29.
The citizen of the Republic of Lithuania can contact diplomatic representation agency or consular enterprise in a foreign country which executes notarial actions provided in legislation of the Republic of Lithuania, including notarization of a letter of attorney.
For notarization of a letter of attorney one needs to submit documents and details which are assigner’s (the one who authorizes) ID and attorney’s (who is authorized) personal details – first name, last name, personal number, address of place of residence. Other documents can be submitted to a notary as well. The letter of attorney gets undersigned by an assigner.
If the property was not acquired during the period of marriage, or given as a present or inherited, then, according to art. 5.12 pf CC of LR, the granddaughter shall inherit ¾ share of the inheritance property by representation right, and the grandmother’s spouse shall inherit ¼ share of the inheritance property.
If the property was acquired during the marriage, then there should have been ownership certificate to ½ of the property issued to the grandmother’s spouse, and ½ share of the grandmother’s property would be inherited by the granddaughter, ¾ share of the inheritance property, and the grandmother’s spouse would inherit ¼ share of the inheritance property.
Sale – purchase contract can be notarized by a notary of any city or region.
The mother can undersign the testament where she must indicate heirs of the apartment, which belongs to her by the proprietary right, after her death?
<P class=text>In accordance with provisions of article 5.50 of CC, a heir is held having accepted an inheritance when he actually started to own the property, consulted to a circuit court of the place of inheritance origin regarding composition of distraint or when a heir has given application regarding reception of inheritance to a notary of the place of the property origin. If due to certain reasons, You do not want or can contact a notary of the place of the property origin regarding reception of inheritance, then it may be that You might need a lawyer’s help for preparation of the documents. You can find the list of all lawyers working in Lithuania and their contact details in Internet website <A href=\"http://www.advoco.lt\">www.advoco.lt</A> Meanwhile, grouping of territories serviced by notary bureaus in Lithuania is provided in website of Lithuania’s Notaries Chamber: <A href=\"http://www.notarai.lt\">www.notarai.lt</A> </P>
Following provisions of article 5.50 of CC, a heir is held having accepted an inheritance when he actually started to own the property, consulted to a circuit court of the place of inheritance origin regarding composition of distraint or when a heir has given application regarding reception of inheritance to a notary of the place of the property origin. Thus, if the deceased, before his death, had declared his place of residence in Lithuania, you would have to contact a notary of the place of the property origin regarding reception of inheritance. However, if the deceased, before his death, had declared his place of residence not in the Republic of Lithuania, then legal relations of inheritance shall be subject to provisions of article 1.62 of CC, i.e. legal relations of a realty object shall be subject to state legislation of the place of being of a realty object, and other inheritance right’s relations shall be subject to legislation of the state on territory of which there was the permanent place of residence of a devisor at the moment of his death.
Regarding lack of information, it is not possible to unambiguously answer the question provided, therefore, we recommend You to contact a notary bureau with all the documents at your possession for more detailed information.
In legal acts of the Republic of Lithuania, only concept declaration of a place of residence is used. It implies submission of details which make up an address of a place of residence to the declaration enterprise. A person, not the owner, who has only declared his place of residence at a certain address, does not acquire proprietary rights to the apartment where his declared place of residence is. In order to declare a place of residence in the premises which do not belong to him, a person needs consent of an owner of the property. Details of declaring a place of residence shall also be modified by an owner’s consent. You will find a more detailed information on declaration of a place of residence in Internet website www.vrm.lt, clicking on the link of migration department.
Following paragraph 3 of article 2 of the law on renewal of proprietary right to survived realty estate of the citizens of the Republic of Lithuania, such right could be implemented until December 31, 2001.
It is not necessary to have a mentioned certificate to buy farmland. Nevertheless, a maximum farmland area that can be bought is specified, which is 300 ha per natural person. This area limitation is not applied only in those cases, when farmland is inherited or when property rights for farmland are restored.
Payment to notary for certifying that documents of joint-stock company establishment are congruent with law requirements and that legal entity can be registered makes up 350 Litas. Service of obtaining necessary data from registers as well as carrying other actions related to company’s establishment is provided for additional payment.
A term for certifying that documents of joint-stock company establishment are congruent with law requirements is determined by the following conditions – if notary is provided right away with all documents necessary for carrying out the mentioned action and if those documents are properly prepared.
In order to sign a warrant for selling a car, a person has to provide a notary with original of car registration licence, attorney identification and assignee’s personal data, i.e. name, surname, personal code, address of residence.
According to Lithuania Republic law on residents’ income tax, it is necessary to pay a tax, while selling property, which was either inherited or received as a gift, if 3 years have not passed by upon receiving the property.
If property was received as a gift, notaries question the parties about their estimate of the received property. This is conditioned by the fact that if property received as a gift is being sold, state tax is determined by the payment received for the sold property and by the chosen tax calculation method, i.e. tax is determined by the sum of money received from seller and cost of property received as a gift (namely, both parties’ mutually agreed upon estimate of the property). If parties do not specify the value of the property received as a gift, estimate indicated in the reference of State Company Register Center is considered to be the estimate of property value. Usually, estimated indicated in the reference is smaller than property value estimate, which was agreed upon by both parties.
The state tax does not have to be paid, if property has been under possession for 3 years
Following section 2 of art. 3.85 of civil code of the Republic of Lithuania, if owners of real estate have under-age children, court’s permission is needed to make transactions with a realty item which is a family property.
In fact, on certain occasions, when owners of a property being mortgaged are able to prove that family property is not an apartment being mortgaged, but another living premises belonging to them, then court permission is not needed. Such occasions are as follows:
1. Owners of a property being mortgaged have other premises of residential purpose by a propriety right which is registered at State enterprise Center of Registers as a family property. In database of SE Center of Registers there should be a special mark registered on provision of such status;
2. Owners of a property being mortgaged have other premises of residential purpose by a propriety right where they themselves together with their under-age children had declared their place of residence. In such case, a notary shall be presented with statements from Migration service showing in what residential premises exactly they all had declared a place of residence. If another property of residential purpose is abroad, then excerpt on registration of propriety rights from real estate registry or other corresponding enterprise of that country is needed;
3. If parents of an under-age child are divorced, and, by court’s resolution, a child’s place of residence has been established not with a parent whose property is being mortgaged, but with the other one, then notary shall be presented with the above-mentioned court’s resolution.
For refusal of inheritance right, the following documents are needed:
1) death certificate;
2) birth certificate (daughter’s);
3) marriage (divorce) certificate (daughter’s), of all marriages;
4) statement prepared by a notary at inheritance place of appearance.
This list of documents cannot be understood as a final legal conclusion. A notary, when performing legal examination of the documents and taking concrete circumstances into consideration, can demand other documents not intended in this list.
The property acquired in marriage belongs to both spouses, disregarding on whom it was registered. The list of documents to be submitted to a notary for processing inheritance case is provided in question 29.
If a heir did not submit a statement to a notary, did not go to court regarding composition of distraint or factually has not started managing it – he is considered not having accepted the inheritance (art. 5.50 of CC of LR). If a heir did not accept his inheritance, then part of inheritance that would have belonged to that heir, goes to other heirs in equal shares (art. 5.61. of CC of LR).
In regards to more detailed information, feel free to contact a notary at place of inheritance appearance.
If a heir did not submit a statement to a notary, did not go to court regarding composition of distraint or factually has not started managing it – he is considered not having accepted the inheritance (art. 5.50 of CC of LR). If a heir did not accept his inheritance, then part of inheritance that would have belonged to that heir, goes to other heirs in equal shares (art. 5.61. of CC of LR).
In regards to more detailed information, feel free to contact a notary at place of inheritance appearance.
Part 1 of the article 3.92 of the Civil Code specifies that both of the spouses use, manage and dispose property, which is a common joint property, by a common agreement. However, it does not mean that both of the spouses have to participate personally when performing such an agreement. Part 4 of the article mentioned above specifies that agreements that are related to common joint property of the real estate or disposal and restrain of tangible rights towards its, also transactions that are related to company’s transfer or restrain of rights towards it as well as related to transfer of stocks that are common joint property of the spouses or restrain of rights towards them can be performed only by both of the spouses, excluding the cases, when one of the spouses has an authorization of the other spouse for performing such an agreement. Therefore, when granting the mentioned property, consent of the other spouse is not sufficient, in order to perform this action authorization of the absent spouse is necessary.
In order to accept the inheretance, inheretor is obligated to appeal to a notary office of the place of the inheritance origination, where inheritance case will be conducted. In order to process the inheritance case besides other necessary documents, a notary will need Migration Office’s report on the last declared residence place of the deceased. Every notary office has its own territory, therefore, a notary office, to which you should refer to, is determined by the adress of the last declared residence place of the deceased. You can find the list of addresses of Klaipeda First Notary Office on our web site. You may also find the list of all Lithuanian notary office territories on the web site of Lithuanian Notary Palace: www.notarai.lt
The Civil Code of LR foresees performance of transactions over representatives. Upon necesity, the inheritance issues may be managed by an authorized person. However, the authorized person should act strictly according to the letter of attorney. All arguments, that can not be solved benevolently, will be solved at the court.
Testament is a unilateral transaction, in which the testator expresses his will about his property management after his death. Attention should be drawn to, was the property in the testament a personal property, or was it a common joint property of the spouses. If the apartment was obtained during marriage, it is presumed, that it is a common joint property irrespective of the name of the spouse it is registered for. However, in this case, it is important to know not only when (during the marriage or not), but also how the property was obtained, e.g. inhereted, granted as a gift or bought using personal resourses property will be considered as a personal property.
The passport of the testator and the future inheretor information, i.e., name, surname, personal code, residence place are needed to conclude the testament. If the specific property was assigned in the testament, the information about it is needed, e.g. if it is an apartment, only the address is needed.
Only testator participate while notarazing the testament.
If a ground parcel is returned to you by decision of the head of district’s administration, then no part of the returned ground parcel is belonging to your stepmother. Owner of the returned ground parcel is the person indicated in the decision of the head of district’s administration. In certain cases, returned ground parcel can belong to the person indicated in the decision and to his/her spouse.
Letter of attorney can be notarized by a consular officer of LR Embassy in the United Kingdom of Great Britain and Northern Ireland who has the right to perform notarial actions foreseen by laws.
Sample of letter of attorney (for acceptance of inheritance):
I, (name, surname), personal number , residing (registered residence place) , hereinafter the constituent, authorize (name, surname), personal number , residing at , to conduct the inheritance case upon decease (date) of my father (name surname, to accept the inheritance, with this purpose to receive and present all necessary documents, reports and certificates, to receive certificates of inheritance right, to represent me in a notary office, PE “Regitra”, State Enterprise Registry Center and all other institutions and organizations, to register property rights according to certificates of inheritance right in the State Enterprise Registry Center and all other corresponding institutions and organizations, to represent in the Tax Inspectorate, court, all archives, to present and receive necessary reports, certificates, documents’ duplicates and other documents necessary for conduction of the inheritance case, to represent in all court institutions, to conduct all civil cases of mine that are related to the inheritance case mentioned above with the right to sign lawsuit statements, with all rights rendered by laws to plaintiff, defendant, third person and the aggrieved, with the right to fully or partially reject lawsuit demands, to change basis or object of the lawsuit, to conclude a peace treaty, as well as to appeal against court’s decision or decree in cassation or appeal, with this purpose to present and receive necessary documents, certificates from corresponding institutions, to register court’s decision in corresponding institutions and organizations, with this purpose to receive and present necessary documents, to represent in all institutions and organizations, to conclude contract of juridical help concerning representation of my interest in mentioned civil cases, rendering the defendant all rights of persons participating in these cases, rendering the right to perform all procedural actions on behalf of my name, including to increase or minimize lawsuit demands, to change basis of object of the lawsuit, to conclude a peace treaty, as well as to appeal against court’s decision or decree in appeal or cassation, with this purpose to present and receive all necessary certificates, permissions and other documents from corresponding institutions, to pay all taxes, to present executive documents for exaction, to represent in all other institutions and organizations, to present requests and declarations on behalf of my name, to sign for me and perform all other actions that are related with the present commission.
The commission is valid until .
Following article 5.50 of the Civil Code of the Republic of Lithuania, the successor has to present a statement concerning acceptance of inheritance to the notary of the inheritance origination place within 3 month from the day of inheritance origination. The notary conducting the inheritance case who is informed about presence of the successor, who did not appeal to a notary’s office, cannot issue a certificate of the inheritance right until the successor presents his/her will concerning acceptance of the inheritance or its refusal. In such case, if the term established by laws for acceptance of inheritance had passed, the notary can inform the successor who avoids arriving to the notary’s office, about origination of inheritance and can indicate the term when this successor has to arrive and present his will concerning acceptance of the inheritance or its refusal. Also, in the mentioned notification, the notary has to emphasize that if the successor fails to appeal to the notary’s office within the term established, then the certificate of the inheritance case will be issued to the successors who accepted the inheritance. Such notification has to be presented to the successor personally. It should be noted that article 5.5 of the CC of LR foresees that having missed the term for acceptance of inheritance, this term can be extended by court, or the inheritance can be accepted without appealing to court, if all other successors who accepted the inheritance consent with that.
When presenting property to parents, no fees are to be paid to the state. In such case, only fee to the notary is to be paid for notarization of the deed and reception of information necessary for conclusion of the deed from corresponding registries. Also, fees to other institutions for issue of reports necessary for conclusion of deed of a gift are to be paid. When presenting property to parents, besides other documents it is necessary to present birth certificate of a son or daughter, who presents the property, to the notary.
It should be noted that following the Law of Residents Income Tax of the Republic of Lithuania, in the case, when parents want to sell the presented apartment within three years from the acceptance of the present, their income received will be taxed. Having reserved the present’s property right for three years, no fees to the state will have to be paid.
Civil Code of the Republic of Lithuania does not foresee a compulsory notarial form of a rent contract; however, apartment rent contract has to be in writing.
If the apartment belongs to your mother, then you can rent it only having mother’s letter of attorney notarized by a notary of a consular officer who has the right to perform notarial actions.
Article 17(21) of the Law of Residents Income Tax of the Republic of Lithuania foresees that income of individual activity property sale or another type of transfer to the property, which are received after sale or another type of transfer of personal estate, which is legally registered in Lithuania, or real estate, located in Lithuania, to the property is not to be taxed, if such estate was acquired earlier than in three years prior to sale or another type of transfer of this property to the property. Consequently, the income received upon sale of the property, the property right of which the seller did not reserve, are to be taxed by 15 percent or 33 percent tax tariff, depending on what method of tax calculation the persons receiving income will choose.
<P class=text>Article 2.140 of the CC regulated the requirements set for letter of attorney provided by a juridical person. It confirms special norms. These are: a) only director of juridical person has the right to sign the letter of attorney provided by such juridical person; b) letter of attorney has to include seal of juridical person (if the juridical person is obligated to has such seal); c) letter of attorney can be provided only for such agreement, which the juridical person is empowered to conclude according to its establishment documents; d) letter of attorney has to indicate the date of its conclusion.</P><P class=text>Letter of attorney issued by a juridical person to the juridical person’s employee or other person, whereby it is commissioned to transfer real estate of the juridical person or to restrict rights towards it, has to be notarized as well. Such position originates from provision of article 2.179 of the CC, since one cannot transfer real estate of a represented person or restrict rights towards it even according to a procuratory issued to a procurist. In such case, general representation rules are applied for implementation of the latter actions.</P><P class=text>However, letter of attorney of a juridical person for conclusion of agreement concerning transfer of real estate or restriction of rights towards it has to be notarized only for transfer of object belonging to the juridical person into property of another person or for restriction of rights towards real estate. Therefore, it is not necessary to conclude notarized letter of attorney for conclusion of agreements concerning acquisition of real estate into property of a juridical person or for the case, when an object is being mortgage to this juridical person according to an agreement (i.e. the person is a possessor of pawn), and such actions can be performed according to issued procuratory (if juridical person is a company seeking profit) or general power of attorney of the juridical person.</P><P class=text>Article 2.138 of the CC establishes the cases, when letters of attorney provided have to be notarized:</P><OL><LI><DIV class=text>letter of attorney for conclusion of agreements that require notarized form;</DIV></LI><LI><DIV class=text>letter of attorney on behalf of physical person’s name for performance of actions, related with juridical persons, excluding cases foreseen by laws, when it is allowed to provide letter of attorney of another form;</DIV></LI><LI><DIV class=text>letter of attorney, which is provided by a physical person for management, usage or disposal of real estate.</DIV></LI></OL>
Article 1.74 of the CC regulates agreements that require notarized forms, i.e.:
- agreements for transfer of proprietary rights towards real estate and restriction of proprietary rights and real estate;
- marriage contracts (prenuptial and postnuptial).
- other agreements, which require obligatory notarized form according to the indicated Code.
Other agreements regulated by the CC, which require notarized form (juridical person can be a party of such agreement).:
- Article 4.171 (8) establishes that mortgage part of real estate belonging according to common property right can be exactly established by notarized contract concluded by joint owners concerning establishment of order of object usage.
- Article 4.185 regulates that in case of contract hypothec, hypothec sheet has to be notarized.
- Article 4.190 establishes that if requirement sum of the creditor, which transfers own succession priority, is smaller than the sum of the assignee, then the notarized consent of the creditors that are of succession further than such of transferor but preceding such of the assignee, is necessary.
- Article 4.209. When object of mortgage is being transferred to a third person or is left to the pawn giver, mortgage contract and unilateral statement of the owner of object of mortgage on mortgage of objects or property rights are to be documented by concluding mortgage sheet, which is to be notarized and registered in the Hypothec Registry.
- Article 6.393. Real estate purchase-sale contract requires notarized form.
- Article 6.443. Rent contract has to be notarized.
- Article 6.463. Rent payee can transfer, mortgage or restrict the right towards the real estate, which was transferred to him/her in exchange for life-long sustenance in other ways only having advance written consent of rent receiver. Such written consent has to be notarized.
- Article 6.469. Real estate donation contract, as well as donation contract, the sum of which is more than fifty thousand litas, has to be notarized.
- Article 6.960. Real estate credence contract has to be notarized.
- Article 6.969. Joint venture (partnership) contract has to be notarized in cases established by laws.
In case of property inheritance, you should apply to the notary of the last permanent residence place of the devisor, who will start the inheritance case.
Documents, which are necessary for inheritance according to testament:
- Death certificate of the deceased;
- Report on residence place of the deceased from Migration Office. The report has to indicate the last permanent residence place of the deceased.
- Documents proving kinship in relation to the deceased (birth certificate, marriage certificate);
- Testament is to be presented.
Additionally, the following documents need to be presented, depending on type of inherited property:
1. When inheriting real estate (apartment, building, ground parcel):
1.1. Document proving property rights of the deceased (purchase-sale, exchange, donation contracts, deed of sale at auction, deed of building’s acceptance for usage, etc.);
1.2. Documents of ground parcel property (purchase-sale, exchange, donation contracts, etc., certificate of ground parcel and rights towards it registered in the Real Estate Registry);
1.3. Ground Parcel Plan;
1.4. Report from State Enterprise Registry Center (Baltijos Avenue/Minijos Str. 123/123), valid for 30 calendar days only. The given report is to be presented no earlier than having 3 months passed from the date of death.
2. When inheriting monetary deposit – contract of deposit account or report from bank on monetary assets present in bank.
3. When inheriting motor car or other vehicle – registration certificate of the vehicle.
The indicated list of documents cannot be perceived as final juridical conclusion. Performing juridical examination of documents and considering concrete circumstances of grant contract, notary can demand other documents unforeseen in this list.
Document necessary for proceeding of inheritance case:
- Death certificate of the deceased.
- Report on residence place of the deceased from Migration Office. The report has to indicate the last permanent residence place of the deceased.
- Documents proving kinship in relation to the deceased (birth certificate, marriage certificate);
- If the deceased had concluded a testament, the testament is to be presented.
Depending on type of property inherited, the following documents are to be presented:
1. When inheriting real estate (apartment, building, ground parcel):
1.1. Document proving property rights of the deceased (purchase-sale, exchange, donation contracts, deed of sale at auction, deed of building’s acceptance for usage, etc.);
1.2. Documents of ground parcel property (purchase-sale, exchange, donation contracts, etc., certificate of ground parcel and rights towards it registered in the Real Estate Registry);
1.3. Ground Parcel Plan;
1.4. Report from State Enterprise Registry Center, valid for 30 calendar days only. The given report is to be presented after the application concerning inheritance acceptance is concluded.
2. When inheriting monetary deposit – contract of deposit account or report from bank on monetary assets present in bank.
3. When inheriting motor car or other vehicle – registration certificate of the vehicle.
4. If the deceased had another property, corresponding documents proving property right.
The indicated list of documents cannot be perceived as final juridical conclusion. Performing juridical examination of documents and considering concrete circumstances of grant contract, notary can demand other documents unforeseen in this list.
The text of application concerning inheritance acceptance is to be composed by the notary of inheritance origination place.
The law provides every physical body with the right to leave the whole or part of the property to somebody. The article 5.18 of the CC indicates the conditions needed for making the testament. Following provisions of the above-mentioned article “The devisor makes the testament according to free will, without constraint and mistake. Traditional persuasion by the concerned successors or request to make a testament, favorable for them, is not considered constraint and do not have any influence on validity of the testament.”
Children, after the death of their parents, being first priority successors, may inherit not just by the testament, but also by the law. In such case, the first priority successor had to contact the notary office of the place of origin of the inheritance within three months form the day of death of the devisor.
The article 5.50 of CC regulates the acceptance of the inheritance. It states that willing for the inheritance to be acquired, the successor must accept it. In part 2 of the mentioned article, the actions are regulated, which are equated to acceptance of the inheritance, i.e. “The successor is considered as having accepted the inheritance when he has actually started to manage the property inherited, contacted the circuit court of the place of origin of the inheritance regarding making property description or when the successor presented the statement on acceptance of the inheritance to the notary of the place of origin of the inheritance”. All actions listed above are to be performed within three months from the day of the origin of the inheritance (normally the moment of the devisor’s death is considered the time of origin of the inheritance).
The article 5.17 of CC regulates dispute of the testament. It indicates that concerned persons can apply to state the admission of the testament as invalid, i.e. only other successors according to the law, or according to the testament, who would inherit if the testament or its individual parts were admitted as invalid.
While inheriting property you will have to pay the inheritance fee, since you as a niece do not have a fee privilege applied. In the order established by Inheritance Property Fee Law of the Republic of Lithuania, the fee is calculated in percent of taxable value of the property being inherited, applying the following tariffs:
- 5 percent, if taxable value of the property being inherited does not exceed 0.5 million Lt;
- 10 percent, if taxable value of the property being inherited exceeds 0.5 million Lt.
While conducting the inheritance case, the fee is to be paid to a notary.
Also, there is another possibility, i.e. you can conclude the contract of permanent alimony, by which your uncle would transfer his apartment to you, and you will assume the responsibility to render him a lifelong substance. The fee to a notary for this contract is established as follows: 1 percent, but not less than 50 Lt, if the apartment’s value is up to 30,000 Lt; 300 Lt plus 0.7 percent of the sum that exceeds 30,000 Lt, if the value is from 30,001 Lt to 100,000 Lt; 790 Lt plus 0.5 percent from the sum that exceeds 100,000 Lt, if the value exceeds 100,000 Lt.
When notarizing statement concerning final settlement, the seller has to be present at a notary’s office. Participation of purchaser is not necessary.
Since the wife and the son of the deceased are joint owners of an inherited house, then she, following article 4.79 of CC, holds a priority right to purchase a part of the house to be sold. It is worth to mention that, following provisions of above-mentioned article, the joint owners hold a priority right to a part to be sold being a joint property for the price for which it is being sold, and under the same conditions, except cases when it is being sold from public auction.
The price is subject to mutual agreement between the parties.
The generalized lists of documents necessary for apartment purchase – sale transaction and gift transaction are provided in answers to questions 9 and 6, whereas you will find the rates for making the latter transactions attached to the answer to question 8.
Answering the question on the possibility to transfer an apartment with debts, on p.8 of part 1 of art. 29 of the Law on the Apartments Houses Owners Communities, it is provided that a member of the community, when selling, granting as a gift, or transferring propriety right for the premises belonging to him in any other way is obligated to settle up with the community in accordance to his liabilities. Failure to fulfill the mentioned provisions does not make concluded transaction null and void; however, failure to fulfill the condition necessary for the transfer transaction intended in that clause, having created the premise for appearance of damages, is a ground for person, who has incurred the damages, to demand reparation of damages from persons who have created such premise. However, the question of settling up with the community can be resolved by transferring the debt to the buyer, changing the way of fulfilling the liability etc., performing these actions before making the transaction or discussing apartment transfer in a contract and coordinating that with a creditor in accordance with procedures established by laws.
Generalized list of documents, necessary for transfer a real estate, to be presented to a public notary:
- Certificate from the State Enterprise Center of Registers for purchase – sale of a building, premises, apartment, and constructions (valid for just 30 calendar days);
- Documents proving right of property toward property (purchase – sale, swap, gift contracts, inheritance right certificate, act of sale at auction, act of acceptance of a building for use, etc.);
- Certificate from the State Enterprise Center of Registers for purchase - sale of a land area (valid for just 30 calendar days);
- Property documents for a land area;
- Project of a land area;
- If a garden area is to be transferred – certificate from community of gardeners indicating that transferor of an area does not have any debts;
- Bank certificate on the amount of credit provided to the buyer or credit contract;
- Seller‘s account to which the provided credit will be transferred;
- Certificate from an enterprise exploiting housing property indicating that a transferor does not have any debts for apartment utility services and all other apartment exploitation expenditures;
- If there are any joint owners, then there is a need for refusal of joint owners to purchase the part of the property to be sold with notarial certification or notice of a seller to a joint owner though a public notary with proposal to purchase part of a property to be sold for a corresponding price (art. 4.79 of CC of LR);
Apart from the generalized list of documents provided above, a juridical body the buyer as well as a juridical body the seller has to present to a public notary the following documents:
- Certificate of a Company Registration;
- Documents on establishment of a company (along with the changes in them if there are any);
- Director appointing protocol;
- Decision(s) of corresponding body(ies) to conclude such transactions if such decision(s) is (are) projected in the documents on Establishment of a Company;
- Personal identity card or passport of a person who signed a purchase – sale contract;
- Letter of Attorney with notarial certification if a purchase – sale contract will be signed not by a director of a company.
This list of documents cannot be understood as final legal conclusion. A public notary performing legal investigation of the documents and considering certain circumstances of a purchase – sale contract can demand other documents not provided in the following list.
Successors twice removed inherit according to heritage only in case of absence of successors once removed or having them refused the inheritance, as well as in the case, when all the successors once removed have their inheritance right deprived. Successors three, four, five, and six times removed inherit, when successors of preceding lines are absent, when these successors refused the inheritance, or when they have their inheritance right deprived.
In case of absence of successors once or twice removed, spouse inherits all the inheritance.
Persons, who have their inheritance right originated only in the case, when other successors do not accept inheritance, can present their agreement to accept the inheritance within three months from the day of origination of the right to accept the inheritance. Therefore, a successor six times removed has the right to accept the inheritance within 18 months from the day of origination of inheritance.
You have to notarize the same consent in Germany. The consent has to be legalized and translated into Lithuanian language.
In other cases you can appeal to Children’s Rights Defense Office, which - upon evaluation of circumstances and establishment that the consent of one of the parents cannot be obtained due to important reasons - has the right to issue single-time permit for the child to departure. However, each single case like this is individual.
Having purchased 1/3 of a ground parcel, you will become a joint owner with other owners. This part will not become a separate parcel, excluding the case, when you will mark your part purchased off the common partial property by a contract signed by the joint owners and notarized.
The object of common partial property is controlled, used and disposed by the contract of joint owners. Every joint owner has the right to transfer the whole part of his/her or its part and the common partial property right existent to the property of another person, to rent or transfer for use in any other way, to mortgage or constrict it in other way. However, it is necessary to follow the requirements foreseen in the Civil Code and other laws of LR, for example, in the case you sell a part of your parcel, the joint owners have a priority right for its acquisition, if a notarized contract will not establish the order of the ground parcel usage, the ground parcel could be mortgaged only having the joint owners’ agreement, etc. Unfortunately, without knowing the details concerning the precise actions you plan to perform in relation with the parcel, we cannot present more specific information.
In case of refusing the priority right for purchase of a property part sold by the joint owner, court’s permission is not necessary.
In order to release the joint owner from the necessity to arrive to Lithuania, the seller can inform about own property part being sold and its price via a notary. If the joint owner does not appeal concerning usage of his priority right within 1 month, then the part being sold can be sold to any person for the price that was offered to the joint owner.
Having the rents’ receivers dead, you have to appeal to a notary, who notarized the lifelong sustenance contract and present rent’s receivers’ death certificates. Basing on these documents, a notary will issue the certificate confirming that having the rents’ receivers dead the lifelong sustenance contract expires. Upon registration of this document in the State Enterprise Registry Center the record concerning lifelong sustenance contract will be cancelled.
Real estate acquired from an auction is recognized as common joint property of the spouses, since it is acquired after conclusion of the marriage act, irrespective of whether it was purchase on both or only one of the spouses’ name, following part 1 of article 3.88 of CC of LR, unless, following part 2 of the same article, it is proven that the possession is a personal property of one of the spouses.
If you had concluded a marriage contract with your spouse, then the case should be considered basing on regulations of this contract.
Report from Migration Office on declared residence place, i.e. the apartment, where you live with your family, is necessary. Also, the documents certifying property rights for the apartment (where you live) are necessary. You have to be the owners of this apartment.
Beside the above-indicated documents, the following is necessary for real estate transfer:
- The note from State Enterprise Center of Registries for the purchase – selling of a building, premises, apartment, constructions (valid for 30 calendar days only);
- The documents proving propriety rights (purchase – selling, swap, presenting contracts, inheritance right certificate, selling in auction act, building’s acceptance for use act, etc.);
- Bank note on the credit size, provided to the buyer, or credit contract;
- Seller’s account into which the provided credit is to be transferred;
- Note from apartment exploiting association certifying that the transferor does not have indebtedness for apartment’s utilities services and all other apartment exploitation expenses;
- If there are any joint owners, the joint owners’ refusal to buy the part of property being sold certified by the notary is necessary or buyer’s statement through the notary to the joint owner with the proposal to buy a part of the property for the certain price (art. 4.79 of CC of LR);
- The owner and his/her spouse with passports, marriage certificate. If one of the spouses is deceased, the death certificate shall be presented to the notary. If the transferor is divorced – divorce certificate.
Performing juridical examination of documents and considering concrete circumstances of purchase-sale contract, notary can demand other documents unforeseen in this list.
You can choose both of versions. Address a notary for a more correct consultation.
Seeking to sell a garden parcel with constructions, the seller has to present the following documents to the notary:
- Report from the State Enterprise Registry Center for selling the garden buildings (valid only for 30 calendar days);
- Documents demonstrating property rights for the property (purchase-sale, exchange, grant contract, certificate of inheritance right, statement of selling at auction, statement of acceptance of construction for usage, etc);
- Report from the State Enterprise Registry Center for selling the garden parcel (valid only for 30 calendar days);
- Ground parcel property documents;
- Ground parcel plan;
- Report from the gardens’ union certifying that the owner of the property being sold has not debts for the union;
- Court’s decree, if the garden cottage being sold is the only residence place of the seller, and the seller has under-aged children;
- Purchaser’s account, to which the seller remits the money (if money are to be paid not in cash);
- If joint owners are present, notarized rejection of the joint owners to buy a part of the property being sold or the seller’s notification via a notary to the joint owner with proposal to buy a part of the property being sold for correspondent price (art. 4.79 of CC of LR);
- Owner and his/her spouse with passports, marriage certificate. If one of the spouses is deceased, death certificate has to be presented to the notary. If the seller is divorced – divorce certificate.
Footnote: if the purchaser acquires the ground parcel being sold, ground area of agricultural purpose possessed by him (including the purchased parcel) cannot exceed 300 ha.
This documents’ list cannot be perceived as final juridical conclusion. Performing juridical examination of documents and considering concrete circumstances of purchase-sale contract, notary can demand other documents unforeseen in this list.
It is foreseen in point 1 of part 1 of art. 5.11 of the Civil Code of the Republic of Lithuania that inheritors of the first succession are the children of the devisor (including adoptees) and children of the devisor that were born after his death. All children of the devisor have equal rights to inherit after the devisor’s death, irrespective of during which marriage the property was acquired.
Art. 5.13 of CC of LR foresees that the spouse who overlived the devisor inherits according to the law or together with the inheritors of the first or the second successions (if such are present).
If your father disappeared before his acceptance of the inheritance, i.e. he did not present any declaration to the notary of inheritance commencement place stating that he accepts the inheritance after his father’s death (i.e. after the death of your grandfather), in such case the right to accept the inheritance is being transferred to the father’s successors. The Civil Code of the Republic of Lithuania foresees that if a successor, who is to inherit according to the law of a testament, dies after commencement of the inheritance, before accepting it within the term established, the right for the part belonging to him transfers to his successors. His successors can realize this inheritance right of the deceased on general basis within three months after the day of commencement of inheritance for them. You have to present the documents, which demonstrate that there is a case tried in a court concerning recognition of your father’s death to the notary office, in which the inheritance case after your grandfather’s death is being processed, and you can present the declaration stating that you accept the inheritance after the grandfather’s death. If your father had presented the declaration stating that he accepts the inheritance after his father’s death to the notary of inheritance commencement place, and disappeared after that, the inheritance right certificate has to be issued to your deceased father. The property after your father’s death is inherited in general order.
<P>From December 27, 1997, the money grant contracts, which sum is bigger than 30,000 (thirty thousand) litas, are to be of obligatory notarized form.</P><P>From July 1, 2001, the money grant contracts, which sum is bigger than 50,000 (fifty thousand) litas, are to be of obligatory notarized form.</P>
These are two different Letters of Attorney which I will certify in Lithuania’s Consulate.
Letters of Attorney of such content should be enough.
1.
to represent my interests in all correspondent institutions, companies, and organizations regarding the land piece of farming purpose belonging by the propriety right located __________, land piece cadastral address _ _ _ _ /_ _ _ _: _ _ ________ , unique No. _ _ _ _-_ _ _ _-_ _ _ _, to present and take back the documents in the architecture departments of _________ city, district municipality, land planning offices, State Enterprise Center of Registries affiliates, to write requests on my behalf regarding the above mentioned land piece’s division into separate land pieces at its discretion and to change the purpose of above mentioned land piece from farming into another (for construction and exploitation of individual houses/buildings) purpose, to divide them by the separate land pieces, to register divided land pieces in affiliates of State Enterprise Center of Registries, to obtain the documents of registered property, to present the necessary documents to land-surveyors, to participate in land measurement, to make and obtain detailed maps of land pieces; if needed, to unite all of land pieces into one piece, to be the organizer of the detailed maps, to register the detailed maps of the land pieces in State Enterprise Center of Registries, to perform geodesic measurements, to sign the measurements of land pieces borders and, having coordinated that with neighbors (joint owners), to write on my behalf requests, statements, receipts, to obtain original documents, in this regard, to present and obtain all necessary documents from correspondent institutions and organizations, to represent me in all state, self-government, and juridical institutions, in companies, enterprises, and organizations, including Electricity supply companies, Gas companies, to enter into contracts with designing and architecture companies, to sign them, to perform projects coordination works, to handle payments, to sign on my behalf, and to perform all other actions related to the following Letter of Attorney.
2.
to purchase any kind of real estate, in any location of the Republic of Lithuania, at the own discretion, for its agreed on price and terms, to pay money, to sign the purchase – selling contract, acceptance – transfer act, for that purpose, to obtain and present the necessary documents, to present the necessary documents, to make wire transfers into buyers’ accounts for the sold property from the account No. ____________, opened on my behalf in SC Vilniaus Bank, to register the purchase – selling contract and acceptance – transfer act on this property at the State Enterprise Center of Registries, to act as attorney in the state tax inspectorate, in the office exploiting the apartments matters, to subscribe telephone subscriber, electricity, water, and gas numerator onto behalf of the new owner, to enter into the contract with SC “Lietuvos telekomas”, Electricity Networks, SC “Lietuvos dujos”, for that purpose, to obtain from corresponding institutions necessary certificates and documents, to pay all taxes, to present on my behalf statements, applications, to sign on my behalf and to perform all other actions related to the following Letter of Attorney.
The general list of the documents necessary for transfer of real estate (in this case, of apartment):
- The note from State Enterprise Center of Registries for the purchase – selling of a building, premises, apartment, constructions (valid for 30 calendar days only);
- The documents proving propriety rights (purchase – selling, swap, presenting contracts, inheritance right certificate, selling in auction act, building’s acceptance for use act, etc.);
- Decree from the court, if the residential premise is being transferred and transferor has under-aged children;
- Bank note on the credit size, provided to the buyer, or credit contract;
- Seller’s account into which the provided credit is to be transferred;
- Note from apartment exploiting association certifying that the transferor does not have indebtedness for apartment’s utilities services and all other apartment exploitation expenses;
- If there are any joint owners, the joint owners’ refusal to buy the part of property being sold certified by the notary is necessary or buyer’s statement through the notary to the joint owner with the proposal to buy a part of the property for the certain price (art. 4.79 of CC of LR);
- The owner and his/her spouse with passports, marriage certificate. If one of the spouses is deceased, the death certificate shall be presented to the notary. If the transferor is divorced – divorce certificate.
The following document cannot be taken as the ultimate juridical conclusion. The notary, performing juridical survey of the documents and considering individual circumstances of presenting contract, can demand other documents not indicated in the given list.
As you already have mentioned, you have lost the documents proving you propriety right to the apartment. Thus, first of all, you have to consult State Enterprise Center of Registries and to obtain a duplicate of the certificate about registering real-estate object and propriety rights to it in the real estate registry, according to which it will be possible to define the documents proving propriety rights to the apartment. You can obtain the duplicates of the documents proving propriety rights to the apartment from adequate institutions or from the notary who certified or issued the mentioned documents.
You can receive more detailed information upon arrival to notary office.
For certifying of real estate transfer (also purchase – selling) contract, except contract of presenting it to a spouse, parents, children, the following fee is paid to the notary:
- when the value of an object to be sold is up to 30000 Lt – 1 percent, but no less than 50 Lt;
- when the value of an object to be sold is from 30001 Lt to 100000 Lt – 300 Lt plus 0.7 percent of the amount exceeding 30000 Lt;
- when the value of an object to be sold is over 100000 Lt – 790 Lt plus 0.5 percent of the amount exceeding 100000 Lt.
Certifying of the contract of presenting property to a spouse, parents, and children, the notary receives the fee up to 100 Lt.
You can receive more detailed information upon arrival to notary office.
It is established by article 5.12 of the Civil Code that deviser’s grandchildren and grand-grandchildren inherit according to the law together with hereditary successors of correspondingly the first and the second line, if at the moment of origination of inheritance their parent, who would be the successor, is deceased. They inherit that part, which would belong to their deceased mother or father inheriting according to the law, in equal parts.
Hence, you have the right to inherit the part of the inheritance, which belongs to your deceased father, by the representational right. You should present an application concerning acceptance of inheritance to the notary of the place of origination of inheritance, as well as present your mentioned document concerning the appeal to court.
You can receive more detailed information having arrived to the notary office.
Generalized list of the documents necessary for real estate grant:
- Report from the State Enterprise Registry Center (valid for 30 calendar days, report can be ordered by notary).
- Documents substantiating the rights to property (purchase-sale, exchange, grant contract, inheritance right certificate, statement of putting up to auctions, statement of construction’s acceptance for usage, etc.);
- Report from the State Enterprise Registry Center, for ground parcel grant (valid for 30 calendar days, report can be ordered by notary);
- Ground parcel property documents;
- Ground parcel plan;
- If garden parcel is being granted, the report from gardeners’ union certifying that the granter has no debts to the gardeners’ union;
- Report from court, if the dwelling-place (accommodation) is being granted and the granter has under-aged children;
- Report from the Economy Exploiting Service certifying that the granter has no debts for apartment’s utilities and other expenses of apartment exploitation;
- Owner and his/her spouse with passports. If one of the spouses is deceased, then notary has to have certificate of death presented; if granter is divorced – certificate of divorce. If granter acquired property before marriage, notary has to have his/her marriage certificate.
- Documents substantiating kinship relation with the grant’s receiver (birth certificate, marriage certificate).
This documents’ list cannot be perceived as final juridical conclusion. Performing juridical examination of documents and considering concrete circumstances of grant contract, notary can demand other documents unforeseen in this list.
The seller is obligated to inform other joint-owners in a written form about intension to sell own part to a non-joint-owner and also indicate the price and other conditions, under which the sale is to be made. When the real estate part, which belongs by common property right, is being sold, the notary office is to be informed. If the joint-owner rejects to use the priority right to purchase or does not realize this right in the case of real estate within one month, and in the case of another property within ten days after the day of receiving the notification, the seller has the right to sell his/her part to any person.
If property’s part belonging by common property right is being transferred to another joint-owner, the priority right to purchase is not applied. In such case consent of other joint-owners is not necessary.
If a part, which belongs by common property right, is being transferred by present, exchange, or lifelong sustenance contracts or is being sold at auction, the joint-owner is not granted with the priority right.
Notaries do not certify bills, however, only the bill formalized properly has a juridical power. All information indicated in article 3 and 77 of Accommodation-Bills and Promissory Notes Law should be in the bill.
Notaries only declaim the bills and perform receiving-orders.
According to part 3 of article 3 of Law of Foreign Currency in the Republic of Lithuania, foreign currency can be used only upon the parties’ agreement for payments and settlements with non-cash money, and the currency of the European Union – euros – with cash money.
According to point 1 part 2 of art. 3.84 of CC, dwelling-place of the family is attributed to the family’s property, without consideration of its juridical subjection (personal or common combined spouses’ property).
The spouse, to whom the family’s welling-place belongs alone by the property right, does not have the right to transfer, mortgage, or rent this dwelling-place without a written consent of the other spouse. The spouse, who did not consent with conclusion of such an agreement or who did not certify it later, has the right to demand to invalidate the agreement, if the disputable dwelling-place was indicated as the family’s property in the public registry (part 2 of art. 3.36 of CC).
In the case, when the spouses have under-aged children, court’s permission should be received as well. (part 2 of art. 3.85 of CC).
Marriage contract can be concluded before registration of the marriage (pre-marriage contract) or at any moment after registration of the marriage (post-marriage contract). Conclusion of marriage contract is not an obligation of spouses, but their right. According to art. 3.101 of the Civil Code, marriage contract is spouses’ agreement, which establishes their property rights and obligations in the course of the marriage, as well as after cancellation of the marriage or when living apart (separation). Conditions of marriage contract, which regulate personal non-property relations of the spouses, are not valid.
In item 1 of the decree of the Attorney-General of the Republic of Lithuania „About acknowledgement of temporal fee amount for the notary for carrying out notarial actions, preparation of contracts, consulting and technical services“ it is provided that notary fee for real esate transfer should be 0.5 per cent of the sum but no less than 100 Lt.
||By such situation, if it is necessary to receive a court determination concerning permission for sale of a flat, we recommend You to appeal to an advocate or other legal expert who prepares such documents. A notary cannot carry out such function because it isn‘t his competence according to legal acts.
It is difficult to aswer Your question unambiguously being based only on the information available. When pleading a case about inheritance, the notary carries out investigation of legal ducuments available and being based on conditions of legal acts takes an appropriate decision.
Though, the legal acts determine a right to appeal to the court for those persons which decide that their interests are affected.
In our Notary‘s Office the applications of parents are drawn up about their agreement that the children under age could be bound for the states named by the parents.
Usually, an agreement for departure of the children under age is needed from that parent which doesn‘t leave for overseas together, with exceptions being determined through the legal acts. For example, when a child leaves for an foreign state with only one of parents (adopting parent) an agreement of other parent (adopting parent) isn‘t needed, if the child goes with that of parents (adopting parent) the court has determined the residence of the child with.
The detailed information about documents needed You can find on web site of the Ministry of Home Affairs to the address: www.vrm.lt with reference to Department of Migration.
The cost for drawing up an application is 6 Lt.
When answering Yuor question, one ought to discuss a conception of letter of attorney. Therefore, according to Article CK 2.137, a letter of attorney is the written document being given by one person (Principal) to other parson (Trustee) and giving him the right to be an agent of the principal during establishment of relations with third parties. A person acting as representative on behalf on other person, when disclosing the fact of representing and not going beyond his rights, creates, changes and cancels directly civil rights and responsibilities of the person represented.
That is to say, if in Your specific case the trustee hasn‘t the right to receive money, he cannot to carry out such the acts.
According to Article 2 of the Notary Law, the notary is a State representative person charged with the fiduciary functions and guaranteeing that unlawful contacts and documents aren‘t in civil legal relations. The article 13 of the Law mentioned shows that the notaries are guided in their work with the Constitution of the Republic of Lithuania, laws of the Republic of Lithuania, government resolutions, legal acts of the Department of Justice and resolutions of the Notary Palace as well as with other legal acts.
When carrying a notarial action, the notary is obliged to make sure that a being realized contract doesn’t contradict to legal acts and meet their aquirements. Otherwise, conditions of Article 40 of the Notary Law of Republic of Lithuania oblige the notary to reject carrying out such noptarial action.
Therefore, the notary is obliged to be especially attentive, careful and to meet other requirements; he ought to make sure that a being drawn up contract not only meets conditions of legal acts and doesn‘t contradict them but it meets the actual will of the parties. It is important to underline that a function of the notary during acknowledgement of a contract is double one, t.e.: first is to make sure that a beeng drawn up contract doesn‘t contradict legal acts and meets them and the second function, no less important, is to make sure that the parties of a contract understand consequences of signature of legal documents and aim at this.
The notarty confirms the branch regulations complying with the requirements of the law and the fact that a natural person can registre the branch. The documents on branch founding submitted to the notary are represented on the internet site on the addresses: www.registrucentras.lt, referring to registration of the new jurudical person, or www.notarai.lt, refering to the customer cervice registering the juridinis person.
The property inherited during the marriage after the marriage has been contracted is considered a personal property of the husband unless this property was handed over into the common possession of the married couple. Legal norms concerning the family property are applied according to the Civil code of the Republic of Lithuania, art. 3.84 (see the answer to question 63). See the answer to question 61, part 2 as well.
Your mother can authorize any capable person to carry out the certain actions in the name of her. An authorized person can act in the name of your mother only having a notary or consul certificate giving the right to carry out notary actions authorized through the letter of attorney. A citizen of the Republic of Lithuania can appeal abroad into the diplomatic representation of the Republic of Lihtuania or a consulting office carrying out notary actions foreseen by the laws of the Republic of Lithuania, including acknowledgement of the letter of attorney.
In the order of the Minister of justice of the Republic of Lithuania „About confirmation of the transient fee to the notary for carrying out notary performances, preparation of contract projects, consultations and technical cervices“ it is foreseen that a fee to the notary for acknowledgement of an agreement of marriage is 150-300 Lt. Reception of the information from the register and other actions connected with carrying out acknowledgement of the contract costs additionally.
To a natural person that is incapable a tutorship is established. A contract in name of the a person incapable is drawn up by his tutor. Your brother that is considered as incapable ought to have a tutor.. His nutor acting in the name of your brother has the right to receive the inheritance. The tutor of an incapable person when receiving an inheritance ouhgt to appeal into the court.
To transmit a real esate, you don‘t need the three-year termin. A deed of gift isn‘t payed. When presenting a property, a presenting person not receives an income, therefore he dousn‘t need to pay a ingome-tax. A receiver of the property presented ought to pay income-tax, if according to the Income-tax law of the Republic of Lithuania, art. 17, part 1, p. 19 a privilege for him isn‘t presented. According to the Income-tax law of the Republic of Lithuania, art. 17, part 1, p. 19, as a not payed incomes are considered: incomes received according to a testament that is an object of the payment according to the legal acts of the Republic of Lithuania regulating the payments on the property inherited, the incomes received as a result of present from children (adopted children) born during a marriage, parents (adopted parents) and great-parents as well as from other persons by means of donation during the payment period the sum (costs) not exceeding 24 basic NTS (non-taxable sum).
See the answer in questions 98 and 53.
a) according to which, my mother (she lives abroad) authorizes an other person to present me a part of her flat in Lithuania belonging her after the divorce with the husband.
b) according to which, my mother (she lives abroad) authorizes me to receive in the“Hansabankas“ the restored deposits belonging her.
A citizen of the Republic of Lithuania can appeal to the diplomatic representatives of the Republic of Lithuania or a consulting office that carries out notary performances stipulated through the laws of the Republic of Lithuania including acknowledgement of a letter of attorney as well.
Represented documents and data to acknowledge a letter of attorney are: the data of the principal (that authorizes) – name, surname, personal code, residential address.
The notaries aren‘t authorized to decine the questions on restitution/restauration of the land. To receive more detailed information, we recommend to appeal to a department of organization of the use of landi in any town or region.
Each person interested has the right to appeal to the court juridically as to defend his right being iolated or contested. To receive the consulation on a possible violation of the right, one ought to appeal to an expert. The legal cervices of the advocate rendered are foreseen in the Advocacy Law of the Republic of Lithuania, where legal consultations, prepare of legal documents, representation on legal questions, advocacy and representation in business processes are named as well. You can find the list of advocates practicing in the Lithuania and their contact data on the internet site on the address: www.advoco.lt. Concerning bill forms, see the answer to question 81.
The wife outlasted his testator (your father) inherits according to to the law together with the descendants of the first and second generations (if these are available). As heirs of the first generation are considered the children of the testator (including adopted ones) and children of a testator born after his death. Together with the heirs of the first generation, a wife inherits one fourth of the inheritance, the number of heirs is no more than three not counting the one of the married couple. If the number of heirs is more than three, one of the married coupe inherits an equal part together with other heirs.
In your question, you have mentioned that you have inherited all the property registered in the name of the father. After death of your father, both you with your brother and your mother ought to apply to your notary on the inheritance questions, that administers according to the last place of the habitation of the departed. Concerning the flat mentioned, that has been acquired by your parents during the marriage (if a property is acquired during the marriage, it is presumed to be considered as a jodint property of the wife and husband), after death of your father his part in the joint property ought to be inherited according to the law and accordint to the testament (if this was available).The testator can leave according to the testament to his choosed heir a part belonging to him. So, your mother has left her part of the flat acorrding to the testament. The right for other part of the flat ought to be acknowledged..
If, according to the testament (if this was available), not all the property is left, but only its part of the property belonging to the testator, the property not left is inherited according to the law.
To receive more detailed information, one can appeal to a notary administering inheritance questions. The notaries administering according to their activities are presented on the site of the Lithuanian Notary Palace on the address: www.notarai.lt.
The testament can be changed only by the testator himself.
An heir entered into possession of inherited property needs to appeal into the notary office according to the latest declared residence of the departed and write application about reception of the inheritance. The notary can issue the certificate for the right of inheritance according to the applications submitted. If the heir has not submitted the application about reception of the inheritance during a determined term, the legal fact that the heir has received the inheritance possessing it in fact can be established by the court. Besides, if the heir has missed the determined term, the court can prolong this term, if it will be acknowledged that the term was missed because of a valid reason. A spouse that outlived the testator inherits according to the law or together with the heirs of the first or second place (if any). Together with the heirs of first place he/she inherits one fourth part of the inheritance, if number of heirs is no more than three not counting the spouse. If number of the heir is more than three, the spouse inherits an equal part with other heirs. To receive more detailed information, one can appeal to the notary pleaded inheritance cases. Territories of notary activities on inheritance questions are presented on the site of the Lithuanian Notary Palace on the address: http://www.notarai.lt.
A representative of the buyer-legal persona needs to submit to the notary such documents:
1. registration certificate of the enterprise;
2. association status, changes of the status ( if any);
3. in accordance with the status, resolutions of adequate bodies about buying definite property for a definite price;
4. notarially acknowledged and signed by the head letter of attorney, if a contract is signed not by the head;
5. identity paper of the head/agent;
6. if payment for being buyed property is made through banking credit, a credit contract or banking writing out about credit granting is necessary.
This list of documents can not be considered as in the final shape. The notary carries out legally investigations of the documents and taking into account concrete circumstances of a contract can require other not mentioned in this list documents as well.
After death of the testator, the heir inherits only those property that is testator’s ownership. If in the testament the property is indicated that doesn’t belong to the testator, a certificate of the right of inheritance for such the property will not be issued.
In article 5.11 of the Civil Code of the Republic of Lithuania there is foreseen that children of a testator are the heirs of the first place. The range of heirs according to the law can be changed by the testator during drawing up testament. When deciding inheritance questions, it is necessary to appeal to the notary in accordance with the latest residence of the departed. Territories of notary activities on inheritance questions are presented on the site of the Lithuanian Notary Palace on the address: http://www.notarai.lt.
The official supervision on notary perfomances is realized by a person appointed by the Minister of justice of the Republic of Lithuania. The official supervision on notary performances is realized by the order determined by the Minister of justice of the Republic of Lithuania. During examination of notary performances, one examines how the notaries observe requirements determined for notary offices and labour hours of notaries, how reception of persons is organized, how one observes the notary register rules, acknowledgement of recordings and filling out notary certificate forms, how one keeps in order and uses in his activity draught up documents. The official supervision being realized by a person appointed by the Minister of justice of the
It is needed your signed and acknowledged by the notary letter of attorney through which another person is authorized to receive a diploma and/or to carry out other activities.
When presenting property, an agreement of the joint owner (i.е. of the sister) is not needed.
According to article 3.89 of the Civil Code of the Republic of Lithuania, the property acquired by a spouse before marriage is acknowledged as personal ownership of the spouse. As personal ownership of a spouse is considered the property presented after marriage, if in the deed of gift one has not indicated that the property is given into common ownership of spouses. According to the general rule, such the property isn’t subject to divide in the case of divorce.
The property inherited is acknowledged a personal ownership of a spouse. An agreement of the other spouse is needed in those cases, if a legal regime of family property is applied. As a family property are considered living quarters for a family as well as movables for satisfaction of daily living needs of family members including furniture according to article 3.84 of the Civil Code of the
1. Owner of the inherited property and/or him/her spouse have the right of ownership for the other living quarters that is registered as family property in the Government enterprise „Register centre“. A special note on accordance of such the status ought to be put down in the data of the GE „Register centre“;
2. Owner of the inherited property and/or him/her spouse have the right of ownership for the other living quarters that is declared as living quarters of both spouses and their children under age.
The article CK 5.11 determines the priority of heirs according to the law. It is clear from your information that her immediate family are the children of her departed brother. So, if a testament is lacking the children of her departed brother will inherite her property according to the law by equal parts.
If your grandmother remained all her property according to the testament to three children after the death of your father has not drawn up a new one a remained part belonged to your father passes to other heirs according to the testament and is divided by equal parts. So, her remained 2 children will inherite the inheritance originated after the death of the grandmother.
It is not possible to answer exactly the question disquieting you.Besides, the questions of restitution of land are not related to the notary activity. We recommend you to apply into the department of organization of the use of land..
The customer wishing to carry out notary actions ought to apply into the notary office. Since the character of notary work is connected essentially with confidential obligations he can give the information about notary activity only to the person being connected with this activity and him authorized. All the exhaustive and needed for notary activity information for the customer will be produced him only after his arrival into the office.
In the letter of attorney, the name, surname, personal code, place of residence, date of its drawing up and term of validity of both the principal and the agent ought to be indicated. If in the document a term is not indicated it is valid one year from the date of its drawing up. Also the principal when giving authority to act on behalf of him ought to indicate contents of his authority, that is to say, those activities which can be carried out. One of reasons to cease the validity of the letter of attorney is the death of the pricipal or the agent. So, after the death of one of yours the letter of attorney becomes invalid.
When selling the property acquired 10 years ago (never mind the reason of its acquisition) a tax is not needed to be paid.
Beginning from June 1st of this year, the new order of temporal departure of children entered into the force. A written consent of another parent is not needed for a child temporal leaving abroad with one of parents. In this case, if surname of the child differs from that of the parent he leaves with, in addition to other documents a birte-certificate is needed. If the child goes alone or with an attendant a consent at least of one of parents or of a tutor ought to be submitted to the functionaries of a frontier check point of the Republic of Lithuania and its copy. In the consent the authenticity of signature ought to be acknowledged by the notary or a diplomatic representative of the Republic of Lithuania or an official of the consular office or of the headman.
If the departed has not drawn up a will his property remained will be inherited according to the legal procedure determined by the law. The article CK 5.11 regulates heirs according to the established order. In case of the death of a person, a part belonged to him may be inherited. Therefore, if a half of the house belonged to the departed man his heirs can inherite just this part of the property. According to the article CK 5.11, the children are considered heirs of the first turn, never mind in what marriage relations was the departed and they have the right to inherite the property of the departed father.
According to your information, it is clear that at the moment of your father‘s death the Civil Code of 1964 was valid which now isn‘t. Directives of the Code mentioned said that an heir wishing to receive an heritance ought to apply during six months to the notary office according to the place of location of the ineritance having submitted application about reception of the inheritance. Therefore, not having submitted into the notary office an application according to the place of location of the inheritance during six months you had delayed the term determined by the law. Besides, one can see from the information given that other heirs of the father have received already the certificate of the right of inheritance. So, when wishing to receive a part of the inheritance you would need to restore in the court not only delayed term of reception of the inheritance but to contest the already issued certificate of the right of inheritance. Besides, the question of the out-of-date term is being brought up. It is impossible to answer your question whether you can receive a part of the inheritance. To decide the question disquieting you we recommend to apply to the advocate.
In your question, it is not clearly expressed about what legal entity you say. The public organizations law regulating questions connected with establishing, activity and cessation of activity of public organizations is no more valid. Though, when establishing another legal entity choosed, for example, an association or community office you can submit to the notary the documents we give below:
a. Regulations (2 copies);
b. Statement of founding (contract);
c. Proceedings of the constituent assembly;
d. Consent about location in case if a legal entity is registered in an appartment not belonging to the founder;
e. Consent of the creditor allowing to register a legal entity in case if an appartement is mortgaged;
f. Notification of the disponent of the register of legal entities about temporal incorporation of the name of a legal entity into the register of legal;
g. Passport copies of authority members.
This list is not be understood as a final one because other documents not named there may be needed to the notary when making legal investigations of the documents.
The article CK 3.87 determining the statute-established legal procedure of the property accepted during marriage reads that the marriage property accepted during marriage is their common property. The plot presented to your husband is considered his personal property, whereas the house that you are building by your joint means belongs you both regardless of what name it is registered.The husband can present you the part of his plot him belonging through the law of property.
When establishing a legal entity, in addition to other needed documents for the notary, a statement of the owner ought to be produced that he is consent to give to register an office in him belonging appartments through the law of property. That is why the owner being consent to register a community office in his flat is to arrive with a passport into the notary office. Besides, a creditor‘s consent can be needed that one can register a legal entity in case if an appartment is mortgaged.
Contents of an agreement of marriage are regulated by the article of the Civil Code CK 3.104. The sides of an agreement of marriage can choose an acceptable legal procedure for a property (existing or prospective) being accepted both before and after the marriage. In an agreement of marriage, the rights and obligations connected with property regulatiion, mutual maintaince, method and order of division of property in case if the marriage is dissolved and other questions about mutual property relations during the marriage can be stipulated. Though, in your specific case, we recommend you to apply to a notary office with documents.
The purpose is to build a house on a land and register all in wife‘s name. If it is possible, what period would be needed for that?
The married couple according to their common agreement can divide the property that is their common property. According to the contract about division of property, the property can be registered into the ownership of one of the married couple and another one can inquire about the compensation.
In article 5.21 of the Civil Code of the Republic of Lihtuania it is foreseen that a testator has a right to indicate in the testament another heir in such a case, if his appointed according to the testament heir died before appearance of the inheritance or has not received the inheritance. Also the testator can appoint as a second turn heir another heir, if the second turn heir died before appearance of the inheritance or has not received the inheritance. The succession of appointment of other heirs is not limited.
You as a second turn heir can receive the inheritance only provided that the first turn heir dies before receiving the inheritance or does not receive it or disclaims it. In this case, your father has received the inheritance, therefore, you as a second turn heir have not an argument to inherite remained property. We recommend you to apply into a notary‘s office that administers inheritance questions and, if in the testament there would be indicated that you have the right of succession, the information about the matter of the testament would be produced for you.
See answer in the answer to questions 135, 121, 85 and 54.
According to the Joint-Stock Company Law of the Republic of Lithuania, the stockholders have such property and non-property rights:
1) to receive a part of the profit of the closed joint-stok company (dividends);
2) to receive funds of the closed joint-stock company when an authorized capital stock of the closed joint-stock company is diminished with the purpose to pay funds to the stockholders of the company;
3) to receive the free of charge shares when an authorized capital stock of the closed joint-stock company increases at the expense of the closed joint-stock company with the exception of the case stipulated in article 42 p. 3 of the Joint-Stock Company Law of the Republic of Lithuania;
4) priority right to acquire the shares and convertible bonds issued by the closed joint-stock company with the exception of the case when a stockholders meeting in the order established by the Joint-Stock Company Law of the Republic of Lithuania decides to reverse the priority right for all the stockholders;
5) in the order established by laws to credit the closed joint-stock company, though, the closed joint-stock company when borrowing from its stockholders has not the right to pawn its property. The closed joint-stock company borrowing from its stockholders, the profit can not exceed average percentage of existing commercial banks according to the place of inhabitance and activities of the lender for the moment of drawing up the functioning contract of debt. In such cases, the closed joint-stock company and stockholders are prohibited to agree an increased profit percentage.
6) to receive a part of the property of the closed joint-stock company beeing liquidated;
7) to participate in stockholders meetings;
8) in accordance with the right of a stockholder to vote in stockholders meetings;
9) to receive the information about the closed joint-stock company indicated in article 18 part 1 of the Joint-Stock Company Law of the Republic of Lithuania;
10) to apply into the court with the suit about reparation of damages of the closed joint-stock company that have appeared due to non-execution and improper execution of duties of the director and board members of the closed joint-stock company stipulated in the Joint-Stock Company Law of the Republic of Lithuania and other laws as well as in articles of associations as well as in other cases established by the laws;
11) other property rights established by the Joint-Stock Company Law of the Republic of Lithuania and by other laws.
According to articles 2.124 and 2.125 of the Civil Code of the Republic of Lihtuania, those persons have the right to apply on the questions of investigation of activities of legal entities:
1) one or several stockholders whose nominal available and beeing possessed stock value is no less than 1/10 of the authorized stock capital;
2) one or several members of an economic association whose part is no less than 1/10 of the share;
3) one or several members of an agricultural association or cooperative whose shares are no less than 1/10 of the whole share;
4) participants of legal entities, with the exception of the legal entities indicated in articles 2.35 and 2.37of the Civil Code of the Republic of Lithuania and persons indicated in items 1, 2 and 3 of this section, having no less than 1/5 of all the votes;
5) those persons as well as participants of legal entities which are given such a right according to the constituent documents or agreements with the legal entities.
According to the Joint-Stock Company Law of the Republic of Lithuania, a stockholders meeting can not take a decision to impose and pay dividends, if there is at least one of the following conditions:
1) the closed joint-stock company is insolvent or should be insolvent when having paid dividends;
2) the sum of the profit (losses) determined for the accounting business year is negative (with losses);
3) the owned capital of the closed joint-stock company is less or after payment of dividends should be less than the authorized stock capital of the closed joint-stock company, required reserve, revalued reserve and the sum of the reserve of acqusition of own shares.
For the consultation concerning a possible violation of yours rights as of a stockholder of the closed joint-stock company, you can apply to the advocate. The juridical services beeng given by the advocates are foreseen in the Advocacy Law of the Republic of Lithuania where among juridical services beeng given by the advocates the consutations about jurudical questions (advices about jurudical questions), preparation of the documents beeing of juridical value, advocacy and representation in the processes are listed. The list of all the practicing in the Lithuania advocates and their contact data you can find in internet site according to the address: www.advoco.lt.
See answer in the answer to question 109.
See answer in the answer to question 139.
See answer in the answer to question 112.
See answer in the answer to question 134.
When selling a presented flat, if 3 monthes have not gone after the right of ownership for it was acquired, one should pay an income tax to the State.
Answer is provided at the question 134.
Answer is provided at the question 126.
Parties can conclude tentative agreement where substantial conditions of the main i.e. sale and purchase agreement are discussed including price of purchase, term when the main agreement is going to be concluded. This agreement should be registered in the Register of Real Estate in order that the fact about commitment to conclude sale and purchase agreement was disclosed publicly. In that case the seller cannot sell this asset to other buyer. Moreover, it can be provided in tentative agreement that prospective buyer pays the seller particular amount as advance payment which will be included in total selling price.
Every natural person can bequeath all his property or its part one or few persons who are or are not heirs under law, also state, municipalities and legal entities. Thus testator has the right to bequeath his property a person who takes care of him or other persons. If testator changes his will then he can cancel will testament or make a new one and bequeath his property other person.
Article 5.17 of the Civil Code of the Republic of Lithuania provides that only other heirs under law or will testament who would inherit if will testament or its separate parts were invalidated can lay an action regarding invalidation of will testament or its separate parts. Pursuant to article 5.16 of the Civil Code of the Republic of Lithuania those will testaments are void which were made by incapable persons or persons whose legal capacity is restricted due addiction to alcohol, drugs or toxic substances, also those will testaments which content is illegal or unclear. Invalidation of will testament is competence of the court.
In order to get inheritance heir has to accept it. Heir has to accept inheritance in three months from the date of inheritance, i.e. from the date of testator’s death. The law of succession certificate will not be issued if inheritance is not accepted. Article 5.57 of the Civil Code of the Republic of Lithuania provides that court can extend the term of inheritance acceptance if it acknowledges that term was omitted due to serious reasons. In that case heir who omitted the term of inheritance acceptance gets only that part of property which belongs to him and was accepted by other heirs or passed to state left in kind. Also he gets funds received after realization of part of property which belongs to him.
Testator has the right to amend, append or cancel his will testament by making a new one or not to make it. Part 2 of article 5.35 of the Civil Code of the Republic of Lithuania provides that later made will testament cancels the first one or its part which conflicts with the later will testament. This provision is not valid for joint will of spouses. Testator can cancel will testament too. After cancellation of the later will testament the first one does not become valid, i.e. validity of will testament does not resume by itself. If testator wants to bequeath his property a person mentioned in the first will testament, then he has to express his will clearly and make a new will testament.
From the presented information it can be seen that a person have not decided what notarial action he wants to make, i.e. if he wants to grant the property or to leave it by a will.
In the case of granting, an owner of the granted property becomes other person, i.e. the volunteer, from the moment of deed’s certification. During the confirmation of the deed, both parties have to be present. The list of documents which are necessary to conclude a deed of gift is presented under the 6th question. A fee of 80 litas is paid to notary for certifying a deed of gift to a spouse, parents, and children. You can receive the more detailed information in a notary bureau.
Another variant is to leave the property by a will. A will is a testator’s commitment of established form according to which the order of inheritance is established in the case of death. In this case a power of a will is directed to the future. Only in the case of a testator’s death according to the basis of the valid will legal consequences appear - a testator’s property rights and duties are transferred to an heir who had accepted inheritance. A testator can come alone to conclude a will. He has to have his identification documents, copies of heirs’ documents (or data) and ownership documents of property which will be inherited. The testator can change his will, if a situation has changed. A fee of 100 Lt is paid to a notary for certifying a will. You can receive more detailed information in a notary bureau.
For granting a piece of land neither a certificate from the planning department nor agreement of joint owner are required. If a volunteer is not a spouse, a child (adopted child), a father (stepfather), a mother (stepmother) or a grandchild, he/she will have to pay income tax to the state. But if you want to sell a part of the indicated piece of land, then a joint owner has a preferential right to buy this property. If a joint owner does not want to buy the mentioned property, he can sign a refusal to buy in the notary bureau. If he cannot come to the notary bureau for any reasons, the seller has to send a suggestion to buy the buyable piece of land. The most important to the notary is that the joint owner would put his will.
We recommend you to consult a lawyer.
The answer is indicated under the 154th question.
It has been provided in part 1 of article 5.20 of Civil Code that testator’s children (adopted children), spouse, parents (adoptive parents) whom maintenance is necessary on the day of testator’s death notwithstanding the content of will testament succeed half of the part which would fall to all of them if they succeed according to law (compulsory part), unless it was granted more by will testament. Necessity of maintenance is presumed when such person on the day of testator’s death is juvenile, invalid due to his age (pensioner) or state of health (disability) if he is testator’s spouse and has his and testator’s juvenile child and then when maintenance was awarded from testator to these persons under valid judgment.
Pursuant to art. 5.20 of Civil Code, your brother has the right to compulsory part of legacy after father’s death if maintenance is necessary him on the day of testator’s death notwithstanding the content of will testament.
Pursuant to art. 2.137 of Civil Code, power of attorney is a written document given by a person (a principal) to other person (a representative) to represent a principal determining and keeping relations with the third persons. A person acting as representative on behalf of other person by revealing the fact of representation and not exceeding given rights directly creates, amends and abolishes civil rights and obligations of the principal. You can authorize other person to represent your interests with the third persons and (or) institutions, offices by power of attorney. Power of attorney has to be certified in notarial order. Subject of agreement and grantee have to be provided in the power of attorney for conclusion of grant deed. If subject of agreement and grantee is not provided then power of attorney for grant deed becomes invalid. If property which is going to be granted is community property then both spouses have to conclude grant deed or both spouses respectively should authorize the third person to perform following actions. Following documents and data have to be provided to notary for confirmation of power of attorney: documents of principals’ (who authorizes) identity and representative’s (who is authorized) personal data – name, surname, personal number, address of place of residence.
If the agreement is received as a present, it can’t be given back. As the signing and performance of the agreement, received as present, coincide, the parties, that have signed gift deed, can not terminate it.
The 3rd part of Article 6.465 of Lithuanian Republic Civil Code provides that gift deed, determining the right of the grantor to take back the given property or property right by one-sided decision, is not valid.
It is also should be noted that the cases, provided by Lithuanian Republic Civil Code, when gift deed can be terminated under the legal procedure, i.e. the grantor has a right to apply to the court for the cancellation of present, when the receiver of present makes an attempt on grantor or his relatives’ lives or intentionally injure them badly, performs such an actions, that are morally strictly objectionable and etc. (LR CK 6.472 art.), also if the receiver of the present does not perform the terms, provided in the contract (LR CK 6.467 art.).
In order to validate the warranty of authority You must have Your document of identity (passport, identity card) and identity data of the authorized person – name, surname, identity code, place of living. If the authorized person is Your mother, the documents, proclaiming the relationship may be (but are not necessary) presented – certificate of birth, certificate of divorce.
If the warranty of authority is signed by You and Your spouse, and You got married not in Lithuanian Republic, the marriage certificate of Your husband, confirmed by “Apostille” and translated into Lithuanian language, is needed.
Individuals, with a right to conclude transactions on behalf of legal entity, have to write a certification of data validity. The JAR-PP form determines the salary of 25 Lt and 2 Lt value payment for the preparation of notarial act project.
If Your mother does not have a husband and You are the only daughter, a testament is unnecessary. In this case You are the only legatee under the law. Despite the fact the testament is written or not, the procedure of inheritance is absolutely the same, as well as inhabitants‘income-tax, in case the property needs to be sold earlier than after 3 years.
6.461 Article of Lithuanian Republic Civil Code indicates that a duty of a rent payer to maintain for life, includes a duty to supply rent’s receiver with a place of living, cloths and other outfit, food, and, in cases when state of health requires - his/her attendance. The parties under the contract of maintenance for life may establish the value of all maintenance. In this case the value of one month maintenance can not be less than one minimal salary. The second part of Article 6.464 of Lithuanian Republic Civil Code provides that in cases when a payer of rent infringes a contract, the receiver of rent has a right to claim payer of rent to give back the transferred property or to pay redemption price under the conditions, provided in Lithuanian Republic Civil Code.
Civil Code of Lithuanian Republic indicates an opportunity for the individuals to transact with a help of a representative. Under the necessity, the parties can conclude purchase-sale contract by their attorneys. However, an attorney will be able to perform only those actions, that had been indicated in the warrant of attorney. All the disputes, that are not benevolently clarified between parties, will be tried in the court.
Legatee, wishing to receive the inheritance, must apply to the local notary office of the rise of inheritance, in which the lawsuit of inheritance took place. Each notary office has a concrete territory, which it administers, therefore, to which notary office to apply, it is determined referring to the descendant’s last declared place of living. The list of streets, administered by The First Notary Office of Klaipeda city, You will find on our website. Meanwhile, the distribution list of the whole territories, administered by notary offices, You will find in the website of Lithuanian notary chambers www.notarai.lt.
Referring to Your information supplied, it is impossible to give an unambiguous answer. We recommend to apply to the local notary office of the rise of inheritance both after the death of the mother and father, having the all necessary documents. The territory, administered by the notary, is determined according to the last declared place of living of the decedent. The distribution of territories, administered by notary offices in Lithuania, you will find on the website of Lithuanian notary chambers www.notarai.lt.
Under the necessity, the notary, which guided the lawsuit, could recommend You to contact the lawyer for the defense of the rights under the judicial order.
For the answer see near 23 and 9 answers to the questions.The notary orders the necessary note, regarding the formation of the contract, From the Public Enterprise Center of Registers.
The asked question is not informative. Please, contact for the consultation to the notary. The address of the notary office You could find by the following internet site www.notarai.lt.
The extension to be built would be considered the part of the main object (i.e. the part of household building), respectively, the extension, under property rights, would belong to the owner of main object (of household building), i.e. to Your mother.
For the answer see near 156, 67 and 6 answers to the questions.The notary orders the necessary note, regarding the formation of the contract, From the Public Enterprise Center of Registers.
If one of the spouses has an authorization to act in the name of other spouse, the participation of the latter while making a deal, regarding the real estate, is unnecessary. The leave from the court is necessary for the making of deals of real estate, that is the family property. The other spouse in the court can be represented by an authorized person.
In case the child travels abroad on a provisional basis with one of the parents, the written consent from the other is unnecessary. In case child’s surname differs from the parent he/she travels with, child’s birth certificate is also needed, alongside all other documents. If the child travels alone or with a person, accompanying him/her, the consent and its copy at least from on of the parents or guardian (foster-parent) is necessary. In the consent, the validity of the signature must be certified by the notary or Diplomatic Mission of Lithuanian Republic or the officer/foreman of Consultant Office.
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.
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.
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.
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:
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first priority – devisor’s children (among which adoptee) as well as children born after his death.
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second priority – devisor’s parents (adoptive parents), grandchildren;
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third priority – devisor’s grandparents, both from father and mother sides; devisor’s great-grandchildren;
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fourth priority – devisor’s brothers and sisters, great-grandparents, both from father and mother side;
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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).
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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.
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.
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.
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.
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.
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).
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.
Article 5.75 of the Civil Code of the Republic of Lithuania reads that in case succession is accepted by a heir who under the laws of the Republic of Lithuania has no right to own land, such heir acquires rights only for the sum of money received from sale of the inherited land. The land under the certificate of inheritance provided by the heir is sold in the order set forth by the Government to a buyer specified by such heir or via auction. The received sum is paid to the heir, except for sale or auction costs.A minor heir who has changed a citizenship shall be able to sell the property, because as long as he/she has a Lithuanian citizenship there Since in this case all the actual circumstances of the inheritance case are important (e.g., if there is any other property of the decesased, is it worth for a Russian citizen to accept succession, etc.), you should turn to the notary who conducts this inheritance case.
A term to accept succession specified by the Civil Code of the Republic of Lithuania may be prolonged by court, provided it has been determined that this term was missed for valid reasons. Succession may be accepted after expiration of this term without turning to court if all the heirs who have accepted succession agree to it. A similar possibility to prolong the term of acceptance of succession was presupposed by the version of the Civil Code of the Republic of Lithuania which was valid before July 1, 2001.
A heir has to accept succession by active actions. Should the feir within the term set forth by legislation fail to express his/her will, a notary should issue a certificate of inheritance rights to the heirs who have accepted succession in time. A notary is not obliged to search for heirs. Yet, in case of legal succession, if all the first priority heirs (i.e. chidlren and adopted children of the deceased) failed to accept succession or renounced it, or if all the first priority heirs were deprived of the inheritance rights, then the second priority heirs (i.e. parents (adoptive parents) and grandchildren) shall have a right to accept succession. If there are no first of second priority heirs, a spouse shall receive all the succession.Anyway, it should be noted that the actual circumstances of each inheritance case are different and it is necessary to talk to a notary conducting this case regarding all the issues connected with inheritance.
According to the Art. 3.89 of the Civil Code, property being purchased separately by the spouses prior to the commencement of the marriage is considered as individual property of a spouse. According to the Art. 3.90 of the Civil Code, the court may declare an individual property of one of the spouses to be joint community property if it is established that during the marriage the property was fundamentally improved with the joint funds of the spouses or due to the work of the other spouse (capital investments, reconstruction, etc.).Regardless which of the spouse owned the current family’s dwelling, purchased prior to commencement of the marriage, personal property, intended to meet the needs of the family, including furniture, are considered as a family property. The family property may be used, managed or disposed of upon a mutual consent of the spouses. The legal regime of family assets shall end on divorce, declaration of the nullity of marriage or separation of the spouses. The court may award the right to use family assets or a certain part of them (usufruct) to the spouse with whom the minor children of the marriage will live.
Depending on how the house will be transferred, the notary should be supplied with the following documents.The following documents should be submitted to the notary for conclusion of a donation transaction:1. Clarification of data for transaction issued by the State Enterprise Center of Registers (valid for 30 calendar days, such document is ordered upon request of a customer and received by the notary only);2. Ownership documents of the house and the land lot (where the house stands) (based on a situation, such documents may be: instrument of the inheritance right, instrument of the ownership right, sale-purchase, exchange, donation contracts, deed of sale by auction and etc.);3. Layout of the land lot;4. Certificate from the gardeners’ partnership;5. Parents’ divorce certificate;6. Owner’s personal identification document.7. Personal identification document of the beneficiary spouse.Please note that having accepted the land lot as a donation from an unacquainted person, the beneficiary is obliged to pay the personal income tax to the country’s budget.The following documents must be submitted to the notary for conclusion of the sale-purchase transaction:1. Clarification of data for transaction issued by the State Enterprise Center of Registers (valid for 30 calendar days, such document is ordered upon request of a customer and received by the notary only);2. Ownership documents of the house and the land lot (where the house stands) (based on a situation, such documents may be: instrument of the inheritance right, instrument of the ownership right, sale-purchase, exchange, donation contracts, deed of sale by auction and etc.);3. Layout of the land lot;4. Certificate from the gardeners’ partnership;5. Parents’ divorce certificate;6. Bank’s certificate regarding a buyer’s loan or loan agreements;7. Seller’s account number into which the granted loan will be transferred;8. Court approval in case the apartment being sold is a family property;9. Bank permit if the apartment being sold is mortgaged to a bank for the granted loan.Paragraph 1.1 of the order, issued by the Minister of Justice of the Republic of Lithuania “Regarding approval of temporary notary fees for notarial actions, preparation of draft transactions, consultations, and technical services” stipulates that a notary fee for a transfer of the real estate is 0,45 % of the amount, but not less than 100 Lt and not more than 20 000 Lt, calculating from the value of the property being donated or from a price of the property being sold. Please note that this amount does not include the price of the ownership registration, technical work, clarification of data for transaction and other relevant verifications, necessary for a notarial approval of the transaction. This list of documents should not be interpreted as a final legal conclusion. When performing a legal study of the documents and considering specific circumstances of the sale-purchase agreement, the notary may request to submit other documents, not specified in this list.
Second question – we have already found a buyer, unfortunately, she is also abroad and we both will stay in Lithuania for 1 day only. Is it possible to arrange all the documents in 1 day? Who do I need to contact? Thank you in advance.Regarding conclusion of a transaction concerning the sale-purchase of the apartment, you should contact the notary office together with the buyer and submit the necessary documents. Documents, necessary to submit to the notary for conclusion of a sale-purchase transaction:1. Documents, proving the right of ownership to the apartment (sale-purchase, exchange, donation contracts, instrument attesting to the right of inheritance, deed of sale by auction, deed of building’s acceptance for use and/or other);2. Personal identification documents of the owner and the buyer;3. Documents proving a marital status of the owner and the apartment buyer (marriage, divorce, death certificates of a spouse);4. In case the buyer is married, provide a spouse’s personal identification number.5. In case the owner and/or the apartment buyer have a marriage contract and/or agreement of estate division purchased in marriage, please provide these documents as well;6. Bank’s certificate regarding a buyer’s loan or loan agreements;7. Seller’s account number into which the granted loan will be transferred;8. Court approval in case the apartment being sold is a family property;9. Bank permit if the apartment being sold is mortgaged to a bank for the granted loan.If your marriage certificate or other respective document, attesting to your marriage, is issued in a relevant institution or an office of a foreign country, such document should be legalized or should have an “Apostille” and translated into Lithuanian language. This list of documents should not be interpreted as a final legal conclusion. When performing a legal study of the documents and considering specific circumstances of the sale-purchase agreement, the notary may request to submit other documents, not specified in this list. Preparation and approval of the sale-purchase transaction require more than 1 day.
When a child travels to countries within the Schengen area, such transiting is subject to the Schengen agreement, irrespective of whether that child travels with his parents, with one of his parents, with accompanying person or on his own, he/she does not need to have a letter of consent for travel from one of his parents and the state boarder guard service officer will not request it. In this case, there is no need to make an appointment with a notary and notarize the transit of a child to a foreign country.Schengen area is made of 24 countries among which are 22 EU member states: Austria, Belgium, Denmark, Greece, Spain, Italy, Luxemburg, Netherlands, Portugal, France, Finland, Sweden, Germany, Lithuania, Latvia, Czech, Estonia, Poland, Malta, Slovakia, Hungary, Slovenia and 2 non-EU member states – Norway and Iceland.When a child travels to foreign countries outside the Schengen area with one of his parents, a written consent from the other parent is not required. In case the child’s last name is different from the last name of a parent with whom the child is traveling, besides other documents, they should have a birth certificate. In cases a child is traveling on his own or accompanied by another person, consent, given by one of his parents or a guardian, and a copy of such is necessary. Authenticity of a signature affixed in the consent should be attested by the notary or a diplomatic mission of the LR or an officer of the consular authority or the local government.
Last will is a predefined instrument of a testator concerning the inheritance of the estate in case of a testator’s death. Art. 5.19 of the Civil Code states that any natural person may bequeath all his property or a part thereof (including ordinary house furnishing and household equipment) to one or several persons irrespective of whether they are his heirs by operation of law, likewise to the state, municipalities or legal persons. The testator shall freely draw up such instrument, without force or mistakenly. The last will may be concluded exclusively by a legally capable person, being aware of significance and consequences of his/her actions. Your mother and/or father are free to bequeath their estate at their discretion to any person chosen freely. Following the Art. 5.20 of the Civil Code, the testator’s children, who were entitled to maintenance on the day of the testator’s death shall inherit irrespective of the content of the will a half of the share that each of them would have been entitled to by operation of law (mandatory share) unless more is bequeathed by the will.
Estate of the deceased person may be inherited under a testamentary or legislative regime. Following the law, the estate is inherited insofar as it is not changed by the last will. Art. 5.11 of the Civil Code of the Republic of Lithuania defines the order of intestate succession. In case there is no last will concluded, following the Art. 5.11 (1)(1) of the Civil Code of the Republic of Lithuania, the heirs to inheritance are considered to be the children of bequeather. According to the Art. 5.13 of the Civil Code of the Republic of Lithuania, the surviving spouse of the bequeather shall be entitled to inherit pursuant to intestate succession or alongside with the heirs (if any) of either the first or second degree of descent. Together with the first degree heirs, he shall inherit one fourth of the inheritance in the event of existence of not more than three heirs apart from the spouse. In the event where there are more than three heirs, the spouse shall inherit in equal shares with the other heirs. In the event of absence of the first and second degree heirs, the spouse shall inherit the whole inheritable estate. The surviving spouse will be issued a certificate attesting to the ownership right of a share to a common estate of the spouses regarding half of the common estate, purchased while being in marriage. The other half of the estate will be inherited by operation of the law following the order specified above.
According to the Art. 3.101 of the Civil Code, you may enter into a postnuptial agreement. Parties to the postnuptial agreement may choose an acceptable legal regime of the property (present and future), being purchased both prior to marriage and after the marriage. It is possible to specify in the postnuptial agreement that one of the spouses will purchase the named apartment by the right of individual property. In order for one of the spouses (without entering into a postnuptial agreement) to purchase the property as an individual property while being in a marriage, such spouse should present documents, proving that such funds, from which the property is being purchased, belong to him only (for ex., donated money, inherited money, money received having sold the inherited property and etc.), as well as a spouse‘s consent is necessary. However, according to the Art. 3.90 pf the Civil Code, the court may declare an individual property of one of the spouses to be joint community property if it is established that during the marriage the property was fundamentally improved with the joint funds of the spouses or due to the work of the other spouse (capital investments, reconstruction, etc.).