The procedure for opening a bank cell during inheritance. Inheritance of the contents of a bank cell: problems that arise in practice. Opening a cell by a bank in the event of force majeure

Kotova Natalia Nikolaevna, head of the Settlement Centers "Bankovsky-6", "Nevsky-8", talks about how to get property from a cell to the heir of a deceased tenant.

Death loved one- an irreparable loss for almost any of us. Despite all the bitterness of the loss, you need to think about the fact that after his departure, the deceased could leave property (apartment, car, securities, cash etc.), which should be inherited by his relatives.

What should the relatives of the deceased safe deposit box tenant do?

The Settlement Center learns about the tenant's death, as a rule, from the tenant's relatives, who submit to the Settlement Center (hereinafter RC) a death certificate. The very first question that relatives ask is how and when can you get money from the cell?

Many of those relatives who apply to the RC are aware of the fact of renting a cell and its contents, since together with the deceased, for example, they took part in the sale of an apartment or other property. However, it happens when the RC receives a notary's request to identify possible property that belonged to the deceased and is in the cell.

The contents of the safe deposit box is the subject of inheritance, and therefore is regulated by the norms of the Civil Code of the Russian Federation on inheritance. You can also inherit the rights and obligations of the deceased tenant under the safe deposit box lease agreement.

The contents of the safe box or the rights and obligations of the deceased tenant under the safe deposit box lease agreement are transferred to his heirs after 6 months from the day of the tenant's death, i.e. after 6 months from the date of opening the inheritance, as referred to in Art. 1154 of the Civil Code of the Russian Federation.

In accordance with Art. 1153 of the Civil Code of the Russian Federation, the acceptance of an inheritance is carried out by filing at the place of opening of the inheritance to the notary the application of the heir to accept the inheritance or the application of the heir to issue a certificate of the right to inheritance.

Based on the application submitted by the heir and in order to carry out actions related to formalizing the entry of the heir into the right to inherit the property placed in the cell, the notary sends a request to the RC in order to identify such an inheritance and its composition.
The provisions of Art. 1171 of the Civil Code of the Russian Federation oblige banks, other credit organizations and other legal entities at the request of a notary, inform him of the information available to these persons about the property that belonged to the testator. The notary public can communicate the information received only to the heir.

In his request, the notary, as a rule, indicates:

Provide information about the available rented safe,
- make an inventory of the property located in the rented safe.

In the first case, it can be assumed that the heirs do not know or are not sure that their relative could have a safe deposit box. Therefore, the notary indicates the communication of the following information:

Did the deceased have a rented safe?
- if there was, then on the basis of which cell lease agreement it was rented

At the request of a notary, the RC gives an official response within a reasonable time and, if there is a safe deposit box rented by the deceased, provides copies of the cell lease agreement (documents attached to it, if necessary).

The second case shows that relatives are aware of the rented safe deposit box and most often about its contents - money, as a rule. In this case, the notary in his request indicates the opening of the safe box, a detailed description of its contents and the transfer of the inventory to the notary.

For the production of opening the cell and an inventory of its contents, a commission is created by order of the organization (RC). A notary and heirs are invited to participate in these actions.

The property seized from the cell, as a rule, the money is carefully rewritten according to the name of the currency, denomination, serial numbers of banknotes and quantity. Then the funds are placed in a bag, to which a label is attached indicating the number of the safe, the number of the cell lease agreement, the date and signatures of the persons involved. The bag is sealed by the responsible member of the commission and placed for safekeeping in the Repository of Valuables of the RC until demanded by his heirs.

After 6 months, in accordance with Art. 1162 of the Civil Code of the Russian Federation and on the basis of the inventory data (or a response about the presence of a rented safe), the notary issues to the heirs a certificate of the right to inheritance, which is submitted to the Settlement Center.
The certificate may contain an indication of the inheritance of rights and obligations under the cell lease agreement. In this case, the heir is given access to the safe as if he were a regular tenant.

Along with this, a specific amount of money can be indicated in the certificate - the one that corresponds to the inventory submitted by the RC to the notary. If there are several heirs, then the amounts due to each heir are indicated. In this case, the RC, in the presence of the heirs, opens the bag with the property (cash) of the heirs, which was in safe custody in the RC, and issues it to the heirs in strict accordance with the amounts indicated in the certificate of inheritance.

In accordance with Article 1174 of the Civil Code of the Russian Federation, the necessary expenses associated with the protection of the inheritance, and the presence of the testator's property in safekeeping in the RC or in a rented safe implies its protection, are reimbursed at the expense of the inheritance within its value.

In other words, before the expiration of the six-month period for the heirs to inherit the rights of inheritance, the safe deposit box lease agreement is considered valid, and the lease of the safe during this period is subject to payment by the heirs after they enter into the inheritance rights.

Separately, it should be said about the peculiarities of the access of heirs to the safe, depending on the form of the cell lease agreement, or rather, on the special conditions of access, if, together with the deceased tenant, another, two or even more tenants rented the cell.
As you know, tenants can access a safe deposit box when one or more tenants “leave” (“Rent +” agreement) or under the control of the DC (“Expert-Safe” agreement). If, in case of fulfillment of the conditions of the cell lease agreement related to the transfer of ownership of the property, after the departure of some tenants, independent access to the cell is determined for the deceased tenant, then the heir, having entered into the rights and obligations under the agreement, also acquires independent access to the safe. If access is defined for the deceased tenant in the presence of one of the tenants, then the heir will be able to open the cell only in the presence of the specified tenant - with all the ensuing consequences. And the consequences are such that it will be necessary to determine which of the property in the safe belonged to the deceased, and which to the present tenant.

Another thing is access under the control of the RC. The terms of such an agreement determine the receipt by the deceased tenant of a specific valuable package that has its own number. Therefore, the heir, having gained access to the safe, will withdraw only this package under the number. The packages of other tenants will remain untouched.

Thus, the following is important: the rights of the deceased tenant in relation to access to the safe must be clearly defined in the lease of the safe and not be limited by the rights of other tenants.

When inheriting any property, there are peculiarities, and money is no exception to this rule. After the death of the testator, his heirs must apply to a notary to open the inheritance, and subsequently, to accept it and obtain the appropriate certificate. This procedure is carried out by drawing up the appropriate statements and submission of the necessary documents notary, as well as payment state fees. It is important to note that the available funds of the testator can be transferred to his heirs both by law and by will, and in some cases by making a testamentary disposition in a bank. In any of these cases, the new "owner" can dispose of them only after receiving the appropriate certificate of the right to inheritance. Of no small importance in inheritance is given to the issue of its taxation. In turn, the state exempted from paying tax all persons who received property by inheritance.

How to get money by inheritance

• by law or will (Article 1111 of the Civil Code of the Russian Federation);
• by contacting a notary public or a district court.

The procedure for entering into an inheritance involves its acquisition by acceptance(Chapter 64 of the Civil Code of the Russian Federation). It can be carried out in the following ways(Article 1153 of the Civil Code of the Russian Federation):

1. Submission of the relevant application to the notary at the place of opening of the inheritance (i.e. the place of the last residence of the deceased person - the requirements of Art., Civil Code of the Russian Federation, Art. 62 of the Fundamentals of Legislation on Notaries).
2. The performance by the heir of actual actions, indicating his acceptance (i.e., he took over the management of this property, took measures to preserve it, etc.).

Acceptance of property by inheritance within 6 months from the moment of its opening, however, this period is not restrictive. This means that it can be extended in case of a pass, if there are good reasons for this (Article 1155 of the Civil Code of the Russian Federation).

Most effective way receipt of funds in the order of inheritance is the appeal of the heirs to the notary. This is due to the fact that it is this person who has the right in accordance with Art. 64 art. 1172 of the Civil Code of the Russian Federation to accept protection measures inherited property. For money, this could be actions, how:

• implementation of an inventory of property included in the estate;
• depositing cash on a notary's deposit, including from debtors of a deceased person;
• giving instructions to the appropriate persons.

When considering this issue, it is advisable to pay special attention to such a protective measure as depositing funds on a notary's deposit. This procedure, in addition to Art. 1172 of the Civil Code of the Russian Federation, regulated by Art. 87 Fundamentals of legislation on notaries, as well as paragraphs 156-161 of the Order of the Ministry of Justice of Russia No. 78 dated April 16, 2014 “ On approval of the rules of notarial office work».

In the event that the testator is a creditor, and his debtor has deposited the appropriate amount of money on a notary's deposit at the place of fulfillment of the obligation (if it does not coincide with the place of residence of the creditor), then these funds are also included in the estate, but their issuance is carried out only upon presentation of a certificate of inheritance.

When a notary takes measures to protect the inheritance, interested parties will need to pay a state duty in the amount of 600 rubles(clause 23, clause 1, article 333.24 of the Tax Code of the Russian Federation - the Tax Code of the Russian Federation).

Certificate of right to inheritance for money

In order to become the full owner of the funds attributable to inheritance, the heir must not only accept it, but also obtain the appropriate certificate. Art. 70 Fundamentals of legislation on notaries, Art. 1163 of the Civil Code of the Russian Federation establishes a period after which it is issued to the heirs (at any time after the expiration of six months from the date of its opening). However, this period may be shortened. For example, when there is reliable evidence that, apart from those who applied for its extradition, there are no other heirs to this property or by a court decision.

To obtain a certificate of inheritance, you must submit the following documents to the notary(in originals and copies):

1. Application for the issuance of a certificate of inheritance.
2. Passport as a document proving the identity of the heir.
3. Documents confirming the authority of the representative of the heir.
4. Death certificate of testator.
5. Supporting documents for inherited property (passbook, bank deposit agreement, testamentary disposition, information about an open deposit with another notary, etc.)
6. Documents confirming the right to inherit (testament, documents of kinship - marriage certificates, birth certificates).
7. A document establishing the last place of residence of the testator (an extract from the house book, a certificate from the passport office, housing office), as well as persons cohabiting with him (to establish a mandatory share).
8. Receipt for payment of the state duty for issuing a certificate (clause 22, clause 1, article 333.24 of the Tax Code of the Russian Federation - for close relatives 0.3% and not more than 100,000 rubles, for other heirs - 0.6% and not more than 1,000,000 rubles ).

Said evidence compiled according to the approved form in accordance with the requirements of the Order of the Ministry of Justice of Russia No. 99 dated April 10, 2002 “ On approval of Forms of registers for registration of notarial acts, notarial certificates and certification inscriptions on transactions and certified documents". In his content it is mandatory to indicate such data as:

• place of issue in full, date in words;
• information about the notary and heirs;
• basis for inheritance;
• data on the inherited property with its detailed characteristics, as well as the presence or absence of any encumbrances;
• information that this document is a title document for the heir;
• the need for registration of rights;
• number of the inheritance case;
• registration number in the relevant register;
• the amount of the collected state duty (tariff);
• signature and seal of the notary.

Inheritance with money in the savings book

Any funds that belonged to the testator on the day of his death are part of the inherited property, and funds held in bank accounts are no exception to this rule.

In addition to the considered option of receiving money by inheritance, it should be noted separately testamentary disposition rights to cash in banks (Article 1128 of the Civil Code of the Russian Federation). It is understood as such a document, according to which the depositor (testator) bequeaths his funds in an account opened with a certain bank to his heirs.

The procedure for making such an order has its own characteristics and is regulated, in addition to the norms of the Civil Code of the Russian Federation, by Decree of the Government of the Russian Federation No. 351 dated May 27, 2002 “ On approval of the rules for making testamentary dispositions with rights to funds in banks". Such a document equates to a will, certified by a notary, although it is drawn up at the bank where the deposit of the testator is opened, and its commission is absolutely free.

The receipt of these funds by the heirs is carried out directly in the bank where they are based on the issued certificate of inheritance. Thus, the receipt of these funds falls under the general conditions for registration of the inheritance.

From the specified mass of money before the expiration of 6 months from the date of opening of the inheritance, the heirs can receive part of them in case of reimbursement of expenses caused by the death of the testator (Article 1174 of the Civil Code of the Russian Federation) on the basis of a notary's decision. They may be associated with dying illness, funerals, payment for a burial place, etc.

These expenses are reimbursed within the value of the inheritance, and those associated with the funeral in an amount not exceeding 40 thousand rubles.

It is important to note that even if there is a certificate of the right to an inheritance, in which, according to a testamentary order, a certain part of the contribution or all of it is due to the heir, the latter may not always “dispose” of these funds at the moment when he wishes. This may be due to the fact that the testator provided special conditions at your disposal. For example, the issuance of funds within a certain time frame and amount, the obligation to reach a certain age for the heir.

Another point in the inheritance of funds can be identified testamentary renunciation, or in other words, this is a situation where the testator imposes on one of the heirs a property obligation in favor of another person at the expense of the inheritance.

Art. 1137 of the Civil Code of the Russian Federation quite clearly defines that such a refusal is made only in will with the obligatory indication of its subject, including the implementation of periodic payments in favor of the legatee. This may also apply to funds held in the accounts of the testator. At the same time, the beneficiary this case is not an heir, but a third party, and the arising relations between them are binding, i.e. as debtor and creditor.

Inheritance tax

When entering into an inheritance, heirs must always remember that in order to complete this procedure, they need paragraphs. 18 p. 1 art. 217 of the Tax Code of the Russian Federation are not subject to taxation, and therefore, the heirs are always exempt from income tax individuals(personal income tax).

Below we have described the main cases when a safe deposit box can be opened without the knowledge of the owner of the valuables:

• Opening of the cell by law enforcement agencies during investigative actions
• Force majeure
• Storage of prohibited items

The owner did not take the valuables at the expiration of the contract

The human factor is the most common cause of any system failure. We are all not robots and we can forget that we have a cell somewhere and that it contains values ​​that may be very necessary for us. Often a lease safe deposit box is for a period of one year. The owner of the valuables writes a reminder on some piece of paper, which he then loses, but the reminder on the phone does not work or the phone itself has already been lost. The opening of the cell due to the absence of the owner for the valuables occurs more often than for any other reasons. Bank managers, knowing about the forgetfulness of clients, call the client a week before the end of the lease, send SMS and write letters to e-mail. A typical safe deposit box lease provides for a certain period after the end of the lease term when the bank will not touch your client's belongings, usually from 20-40 days. During this period, banks charge an increased rate or impose penalties for each day of delay. A week before the opening itself, banks notify the client in writing by mail, e-mail and again by phone about the forthcoming act of opening the cell.

What happens if the client, despite all the horror stories from the bank, did not show up for his things. The bank cell lease agreement, and most often the rules to which the agreement refers, provides for the procedure for opening the cell. The autopsy takes place as part of a commission of 3-4 people. Representatives of the safe supplier's organization may be invited to the commission. The commission draws up an inventory of the contents of the cell in several copies. One copy of the inventory is subsequently transferred to the client. The client's property is placed in a special bag for collection, then sealed and transferred to a bank vault for storage, where it is stored for 1 to 3 years, as provided for by the agreement or the bank's rules.

Most likely, the owner will sooner or later remember his values, for example, when he is going to make a significant purchase, the money for which he put aside in a cell. However, the question remains what will happen if the owner does not apply to the bank for his property after the expiration of the storage period for things in the bank vault. Such situations are not described by the bank cell lease agreements. It can be assumed that in the absence of the norms of the agreement, the Bank will act on the basis of the norms of the Civil Code (CC). A bank cell lease agreement is a type of storage agreement. According to Article 899 of the Civil Code: “If the bailor fails to fulfill his obligation to take back the thing transferred for storage, including when he evades receiving the thing, the bailee shall have the right, unless otherwise provided by the storage agreement, after a written warning of the bailor, independently sell the thing at the price prevailing in the place of storage, and if the value of the thing according to the appraisal exceeds one hundred minimum wages established by law, to sell it at an auction in the manner prescribed by Articles 447-449 of this Code.

The amount received from the sale of the thing shall be transferred to the bailor minus the amounts due to the bailee, including his expenses for the sale of the thing.

Under these rules, the bank will most likely sell the client's valuables, cover its unpaid commissions and put the proceeds on a demand deposit in the name of the client, of which it will notify him by letter.

Cell opening by law enforcement

The second most likely reason for opening a safe deposit box without the knowledge of the owner is the action of law enforcement agencies. The Code of Criminal Procedure grants the bodies of inquiry the right to search and seize documents. The bodies of inquiry are: the police, the FSB, the tax police, the customs authorities and others. The worst news for safe deposit box owners is that their safe deposit boxes can be opened by law enforcement without a court order, since they are not located in residential premises. The resolution on search and seizure is prepared not even by the prosecutor, but by the investigator. At the same time, if the resolution says to search the premises of the bank's vault, all cells of all owners located in this premises can be opened.

For issuing a decision on a search or seizure, it is necessary to have a criminal case. However, a criminal case may not concern you at all, but your safe deposit box may be opened, as part of investigative actions on bank cases or on cases of other bank clients, and as shown below, even on cases that do not concern either the bank or its clients.

The expanses of Runet are filled with stories about the theft of the contents of cells by law enforcement officials. We will not comment on the veracity of these stories. Let us give an example (determination of the Moscow City Court in case No. 33-23319 of 09/02/2010). The bank's client CB MK Bank LLC applied to the court. The client rented a safe deposit box at the bank. The bank vault was located on the territory of the Cherkizovsky market. Investigator "D" of the Main Investigation Department of the Investigative Committee (GSU SK) issued a decision (verbatim quote) " on the conduct of a search in the premises occupied by a warehouse located on the territory of wholesale and retail trade "<...>" by the address:<...>, the central line of the "AST" market, between the outlet<...>along the line"<...>"and outlet<...>along the line"<...>". As can be understood from the materials of the court decision, the bank vault was not lucky enough to be located between the two indicated outlets, it was searched and all the cells in it were opened. After the search, according to him, about 150 thousand dollars were missing from the cell of citizen "Ch". Representatives of the Main Investigative Directorate of the Investigative Committee stated that the cell of citizen "Ch" was empty during the search. The court refused to compensate the damage to citizen "Ch".

Knowing about possible consequences actions of law enforcement agencies, banks include clauses on the limitation of their liability in the cell lease agreements if the violation of their obligations under the agreement was caused by the actions of law enforcement agencies. In some agreements, the actions of law enforcement agencies are equated with force majeure.

We are left to wonder why the legislation left the property of citizens stored in banks, not protected from the actions of law enforcement agencies. It is paradoxical that, according to the same Code of Criminal Procedure, a court decision is needed to seize things pledged or deposited in a pawnshop. It turns out that pawnshops are more effective at protecting our hard-earned wealth than banks.

Opening the cell by the bank in the event of force majeure.

A typical safe deposit box lease agreement states that the bank may open the customer's safe deposit box in case of force majeure circumstances in which the bank cannot fulfill its obligations under the agreement. The main obligation of the bank under the bank cell lease agreement is to ensure the safety of the client's valuables and exclude the possibility of access by unauthorized persons to the client's valuables. If, as a result of natural disasters, your valuables are in danger, the bank can open the cells and transfer your valuables to a safe place. The opening of the bank cell in this case occurs in general order, i.e. with prior written notice to the client, the creation of a commission and the preparation of an inventory. There is a contradiction between the need for urgent action and the duration of the cell opening procedure. Unfortunately, the bank in this situation will be more interested in fulfilling the formalities than in saving the client's property, since in this way it will protect itself from possible claims from the client. However, we note that a properly equipped storage should exclude the possibility of damage to the client's valuables during a fire and other natural disasters.

Opening the cell when the client keeps prohibited items

According to the lease agreement for a safe deposit box, the bank reserves the right to open the client's safe deposit box when placing items prohibited for storage by the terms of the agreement into the safe deposit box. It is forbidden to store in the cells explosive, toxic, radioactive and other items that threaten the health and property of other citizens, as well as items prohibited for civil circulation: weapons, drugs, etc. The autopsy procedure remains the same, except that law enforcement officers may be involved in the autopsy.

As you can see, the values ​​placed in a bank cell are not absolutely inaccessible to unauthorized persons. There is a dilemma either to store valuables in an apartment where thieves can get to them, or to place valuables in a bank cell where law enforcement agencies will have access to them. The solution to the dilemma may be the choice of a large reliable bank. Legal and security services of large banks are formed by experienced professionals. The task of these specialists is to monitor the legality of law enforcement actions, to warn you if an autopsy is unavoidable, and to control the autopsy procedure itself. Our safe deposit box search tool will help you choose a reliable bank for renting a safe deposit box.

1 answer. Moscow Viewed 94 times. Asked 2013-03-31 11:05:28 +0400 in the subject “Inheritance law” Please tell me the wording of the receipt for the keys to the safe deposit box. just need the text itself thank you!

Please tell me the wording of the receipt for the keys to the safe deposit box. just need the text itself thank you.

then 1 answer. Moscow Viewed 163 times. Asked 2013-07-06 15:06:43 +0400 in the topic "Other questions" Purchase and sale! help! - Purchase and sale! help. then 1 answer. Moscow Viewed 35 times. Asked 2013-07-10 10:41:29 +0400 in the real estate topic Expert review contents of a bank cell - Expert evaluation of the contents of a bank cell. then 1 answer. Moscow Viewed 90 times. Asked 2012-09-26 11:44:58 +0400 in the topic "Banking" What is a bank cell lease agreement.

Acceptance of the inheritance is carried out by filing at the place of opening of the inheritance to a notary or authorized in accordance with the law to issue certificates of the right to inheritance to an official of the application of the heir to accept the inheritance or the application of the heir to issue a certificate of the right to inheritance.

Thus, it seems that the heir of the client is allowed to the safe deposit box only on the basis of a certificate of the right to inheritance, which must be issued to him by a notary. I, Ivanova Maria Sergeevna, notary

Yekaterinburg, Sverdlovsk region I certify that on the basis of Article 1145 of the Civil Code of the Russian Federation, the heir of the property of Rudolf Petrovich Vlasov, indicated in this certificate, who died on January 25, 2004, is: his cousin - Nikita Sergeevich Vlasov, born in 1970 (12.06), residing at:

Bank cell opening

The lease term has ended, and the client has not taken his valuables from the safe deposit box.

After 30-90 days from the end of the lease agreement (depending on the agreement concluded with the bank), the credit institution has the right to open the cell; when entering into inheritance rights. The heir must present to the bank an appropriate certificate drawn up by a notary. The autopsy takes place with the participation of the heir / heirs, who can pick up the contents of the cell on the same day; if the cell contains valuables prohibited for storage or substances that have a harmful effect.

It is forbidden to store weapons, narcotic, flammable, highly poisonous, explosive, chemical, radioactive and creating strong electromagnetic fields substances, as well as property that in any way may affect the safety of the cell and the depository of the credit institution as a whole.

Bank cell inheritance

Based on Article 922 of the Civil Code of the Russian Federation, individual bank safes (cells, isolated premises in a bank) can be provided to a client on the basis of two different agreements: The first is an agreement for the storage of valuables in a bank using an individual bank safe by the client.

According to this agreement, the bank, according to the inventory, accepts the valuables that must be stored in the safe, and exercises control over their placement in the safe and withdrawal from the safe.

The second is an agreement for the storage of valuables in a bank with the provision of an individual bank safe to the client. Under such an agreement, the bank provides the client with the opportunity to place and withdraw valuables without control by the bank and without the bank's responsibility for the contents of the safe. In fact, this is a lease agreement, and banks, as a rule, call this kind of agreement.

Making an inheritance on the contents of a bank cell.

Registration of an inheritance often becomes a rather complicated and lengthy process.

In order for everything to go without misunderstandings and unnecessary waste of time, financial resources and health, it is worth entrusting such an important and difficult task to specialists. Legal Bureau "Center for Inheritance Registration" provides services of qualified lawyers, including the registration of inheritance.

Our staff will help resolve various disputes and carry out the necessary procedures, including the registration of an inheritance in a safe deposit box.

This is, of course, not about the cell itself, its contents are of interest. Can it be inherited if the owner dies? If there is no key to the cell, can heirs access it? How is the inheritance for the contents of the safe deposit box processed? The legal bureau "Center for Inheritance Registration" will carry out all the necessary actions at a high level, taking into account all the details and subtleties of each case.

10 questions about bank vaults

With the approach of summer, more and more Ukrainians are thinking about where to put money and various family heirlooms during the holidays.

If earlier the head ached only for these very relics (the money was deposited), today one has to take care of the “shelter” for personal savings.

Given the crisis in the economy, more frequent robberies and distrust of bank deposits, good option looks like renting an individual bank cell.

It is about bank safes that readers most often ask us lately.

We made a selection of the most interesting questions and asked the bankers to answer them. The introduction of a temporary administration in a bank does not affect the safety of valuables in bank cells and access to them.

Bank cell inheritance

The notary certifies the wills of capable citizens, drawn up in accordance with the requirements of the law Russian Federation and republics within the Russian Federation and personally submitted by them to the notary.

Customers who keep their savings and other valuables in a bank safe with temporary administration, as before its introduction, are free to put anything in the safe and withdraw its contents at any time.

Certification of wills through representatives is not allowed. The notary, in the event of receiving a notice of the revocation of a will, as well as receiving a new will that cancels or changes a previously drawn up will, makes a note about this on the copy of the will kept by the notary and in the register of registration of notarial actions. Notice of cancellation of the will must be notarized.

A notary who has received a message about an opened inheritance is obliged to notify about this those heirs whose place of residence or work is known to him. The notary may also call the heirs by placing a public notice or reporting it in the media.

Bank cell inheritance

First of all, it is necessary to resolve the issue of the need to take measures to protect the hereditary property located in a bank cell rented by the testator. Measures for the protection of the inheritance are taken solely for the purpose of protecting the rights of heirs, legatees and other interested parties, if necessary, in order to eliminate the possibility of damage, destruction or theft of hereditary property.

As a rule, banks provide decent conditions for ensuring the safety of property stored in safe deposit boxes, and there is no need for a notary to protect this property. In order to identify the composition of the inheritance and its protection, banks, other credit organizations and other legal entities are obliged, at the request of a notary, to inform him of the information available to these persons about the property that belonged to the testator.

Inheritance and wills

Any person can make a will an unlimited number of times, while it must be in writing and certified by a notary or other authorized legal person.

A will can be contested if it infringes on the interests of disabled relatives of the deceased.

Such relatives, as a rule, have the right to a mandatory share in the inheritance, which is not canceled by a will.

A notarized will can be written both independently by the testator, and recorded from his words by a notary.

Various technical means (typewriter, computer, etc.) may be involved in the writing process. A will that was written down by a notary according to the testator's words must be read personally by the testator before he signs it.

Assessing the contents of a safe deposit box for an inheritance is one of the priorities of our company. Evaluation of the contents of a safe deposit box (individual safe) for a notary is a mandatory procedure when registering an inheritance. An appraisal is required in order to pay the state fee to a notary and obtain a certificate of inheritance. Without receiving such a document, the heir does not have the opportunity to inherit the contents of the safe deposit box.

The assessment of the investment of a safe deposit box (individual safe) is the definition market value property in it: jewelry, precious metals and stones, products from them, money, currency values, ingots, coins, badges, and much more. The assessment is carried out on the date of the actual death of the testator. The amount of the state fee paid by the heir for notarial acts is defined in the tax code of the Russian Federation (Article 333.24): “for children, including adopted children, spouse, parents, full brothers and sisters of the testator - 0.3 percent of the value of the inherited property, but not more than 100,000 rubles, to other heirs - 0.6 percent of the value of the inherited property, but not more than 1,000,000 rubles. Evaluation of the contents of a safe deposit box is a service that our company has been providing for many years, in connection with which we have accumulated a lot of positive experience. Qualified appraisers of our company take into account all the subtleties and nuances of Russian legislation and the requirements of notaries.

The result of our work on evaluating the contents of a safe deposit box is a report on the assessment of the market value of property located in a safe deposit box, compiled in accordance with " federal law on valuation activities in the Russian Federation No. 135” in the current edition and valuation standards. For assessment, the heir must receive a copy of the document called "Inventory of the items of attachment of the individual safe" or "Inventory of the seized items of attachment from the individual safe" or "Inventory on the opening of the safe deposit box". You can get the specified Inventory from the bank on the basis of a written request from a notary to the bank in order to identify information about the existing rented individual safe and the property located in it. Article 1171 of the Civil Code of the Russian Federation obliges banks to report to the notary information about the property owned by the testator. In this case, the assessment of the safe deposit box is carried out without its inspection by the appraiser on the basis of a copy of the Inventory.

If the safe deposit box lease agreement has not yet expired, then the notary and the heir, on the basis of Article 1172 of the Civil Code of the Russian Federation "Measures for the Protection of Inheritance", may be present at its opening. The opening of a safe deposit box usually occurs at the end of the term of the storage agreement, but can be made before the end of the term by a notary's letter. IN Basically, notaries are not present at the opening of the safe deposit box, but send a letter to the bank stating that they trust to open the safe deposit box and describe the inheritance property without it. In the same letter, the notary indicates the passport details of the heir, whom he asks to be allowed for inspection when opening a bank cell. If the notary does not plan to be present at the opening of the cell, then he can draw up another letter to the bank, in which it indicates the need to evaluate the contents of the cell in the inheritance case, in connection with which, it asks to allow the appraiser to inspect the contents of the bank cell. The letter contains the passport details of the appraiser. If the notary refuses to issue such a letter, then the heir independently submits information mail with the passport data of the appraiser to the bank. At the time agreed with the bank, and in the presence of a commission from bank employees, an individual safe is opened and an inventory of hereditary property is compiled. At this moment, the appraiser can carry out the necessary research: weighing, checking the authenticity of diamonds, banknotes, determining samples of jewelry. The study uses modern instruments and technical means of non-destructive action (detectors for gold, diamonds, etc.).

If the lease agreement for a safe deposit box has expired, then a commission of bank employees without an heir and an appraiser opens the safe deposit box with the second key stored in the bank, is "Inventory of the seized investment items from the individual safe ”, puts the contents in a special bag, seals it and send the entire contents of the safe deposit box to the central storage. In this case, it is possible to agree with the bank on the return of the sealed bag to the bank branch where the safe deposit box was rented, and to conduct an additional inspection of the contents of the bag in the presence of the heir and the appraiser, or the appraisal can be carried out by the appraiser without inspection based on a copy of the Inventory on the opening of the safe deposit box.

You can order an assessment of the contents of a bank cell for inheritance directly on the site by filling out the Online Application form located below. This data will be enough to draw up a Report for the notary. The next day after the order, the courier of our company will bring a ready-made package of documents to the address you specified in the application. The Report, in addition to assessing the content of the safe deposit box, will include documents stating that LLC " Evaluating company Expert-Consulting has the right to evaluate the content of an individual safe for inheritance. By entrusting the assessment of the inheritance to professionals, you are making the right choice.

We wish you and your loved ones health and longevity. If you still need our help in assessing the inheritance, we will quickly and inexpensively evaluate the property in a safe deposit box for a notary. With our bank vault content evaluation report, you will feel secure, successful and infinitely self-confident. Order the service "Assessment of a bank cell" right now.

Online application for assessment of the contents of a safe deposit box for inheritance

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