Inheritance Laws in Armenia
Inheritance laws in Armenia are primarily governed by the Civil Code of the Republic of Armenia, which sets out the rules for the inheritance of property and the rights of heirs. Armenian inheritance laws are based on civil law principles, influenced by the legal systems of countries like France and Russia.
Here is an overview of the key aspects of inheritance laws in Armenia:
1. Testamentary Succession (Wills)
- Creating a Will: In Armenia, individuals have the right to create a will to determine how their property will be distributed upon their death. The will must follow specific legal requirements to be valid.
- Written Will: The most common form of will is a written will, which must be signed by the testator (the person making the will) in the presence of two witnesses. The witnesses must not be beneficiaries of the will.
- Holographic Will: A holographic will (handwritten by the testator) is also valid, provided it is entirely written and signed by the testator without the involvement of witnesses.
- Notarial Will: A notarial will is a will drawn up by a notary, and it is often the most reliable and widely recognized form of will. This will must be executed in the presence of a notary, who ensures that the legal formalities are observed.
- Revocation and Modification: A will can be modified or revoked by the testator at any time, as long as the changes meet the legal requirements. A new will may replace an earlier one.
2. Intestate Succession (Without a Will)
If a person dies intestate (without a will), the estate will be distributed according to the rules set out in the Civil Code of Armenia. The law prioritizes the closest relatives of the deceased.
Order of Intestate Succession:
- First Priority - Children and Spouse: If the deceased has a spouse and children, both the spouse and the children inherit the estate. The estate is divided as follows:
- The spouse receives one-third of the estate.
- The remaining two-thirds of the estate is divided equally among the children. If there is only one child, they will receive the entire portion allocated for the children.
- Second Priority - Parents: If there is no surviving spouse or children, the estate goes to the parents of the deceased. If both parents are deceased, the estate is divided among other closer relatives, such as siblings.
- Third Priority - Siblings and Other Relatives: If there are no surviving spouse, children, or parents, the estate will be divided among the siblings of the deceased. If there are no siblings, more distant relatives, like grandparents, uncles, aunts, or cousins, may inherit the estate.
Special Note on Adopted Children: In Armenia, adopted children are treated the same as biological children in terms of inheritance rights. Therefore, adopted children have the same rights to inheritance as biological children.
3. Forced Heirship (Legitime Portion)
Armenia has a system of forced heirship, meaning that certain relatives, particularly children and the spouse, have a guaranteed portion of the deceased’s estate, regardless of the terms of a will. This is known as the legitime portion.
- Children: The children of the deceased are entitled to at least half of the estate, which is divided equally among them. The children cannot be disinherited through a will, though the testator can leave the rest of the estate to other beneficiaries.
- Spouse: The spouse is also entitled to a portion of the estate, which typically amounts to one-third of the estate if the deceased has children. If there are no children, the spouse may inherit more or the entire estate, depending on other relatives’ existence.
4. Inheritance of Property
- Real and Personal Property: Both real property (such as land or buildings) and personal property (such as bank accounts, vehicles, and personal items) are subject to inheritance laws in Armenia. These assets are divided according to the terms of the will or, if there is no will, according to the rules of intestate succession.
- Joint Ownership: If the deceased jointly owned property with someone else (e.g., a spouse or business partner), the surviving co-owner typically inherits the deceased's share. Joint tenancy arrangements usually include a right of survivorship, meaning the surviving co-owner automatically inherits the deceased’s share.
- Property Acquired During Marriage: In Armenia, property acquired during the marriage is generally considered jointly owned by the spouses, unless it was acquired through inheritance, donation, or a prenuptial agreement. The surviving spouse is entitled to their share of the jointly owned property.
5. Inheritance Taxes
- No Inheritance Tax: Armenia does not impose a national inheritance tax on the transfer of property between heirs. However, there may be certain property taxes when the inherited property is sold or transferred.
- Property Transfer Taxes: When inherited property is sold, it may be subject to capital gains tax or other taxes, depending on the nature of the transaction.
6. Estate Administration and Probate
- Executor: If the deceased has left a valid will, the executor named in the will is responsible for administering the estate. The executor's duties include collecting the deceased's assets, paying any outstanding debts, and distributing the estate to the beneficiaries according to the terms of the will.
- Administrator: If the deceased did not leave a will, the court may appoint an administrator (usually a close family member) to manage the estate and distribute the assets according to the rules of intestate succession.
- Probate Process: The probate process in Armenia involves submitting the will (if there is one) to the court for validation. If the deceased did not leave a will, the court will oversee the distribution of the estate. Probate can be a lengthy process, and the court may handle disputes or challenges to the will or estate division.
7. Inheritance Disputes
- Disputes: Inheritance disputes may arise in cases where the validity of the will is challenged or when family members disagree about the distribution of the estate. These disputes can be resolved in the court system.
- Claims for Maintenance: If a person is disinherited or does not receive a sufficient share of the estate, they may be able to bring a claim for maintenance or contest the distribution, especially if they were dependent on the deceased.
8. Special Considerations for Foreign Nationals
- Foreign Nationals: Foreign nationals who own property in Armenia are subject to Armenian inheritance laws for property located within the country. Their estate will be governed by the rules of either testamentary or intestate succession in Armenia, even if they are not Armenian citizens.
- International Wills: Armenia recognizes international wills that comply with the Convention Providing a Uniform Law on the Form of an International Will (1973). This means that individuals with assets in Armenia may make an international will that could be recognized in other countries as well.
9. Estate Planning and Trusts
- Trusts: Armenia does not have a tradition of trusts like those found in common law jurisdictions, but individuals may use other estate planning tools, such as wills and life insurance policies, to ensure their assets are distributed according to their wishes after death.
- Donations: Donations made during a person’s lifetime may affect the inheritance process, particularly if the donated assets reduce the size of the estate.
Conclusion
Inheritance laws in Armenia are based on civil law principles as outlined in the Civil Code. A person may pass on their property through a will or, if they die intestate, according to a statutory order of succession. Armenia follows a forced heirship system, ensuring that close family members, particularly children and the spouse, receive a guaranteed portion of the estate. The law provides protection for children, preventing them from being disinherited, and allows for the spouse to inherit a portion of the estate. There is no inheritance tax in Armenia, but property transfer taxes may apply when assets are sold. If disputes arise, they can be taken to court. Foreign nationals are subject to Armenian inheritance laws for property located in Armenia, and international wills may be recognized.
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