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October 2, 2025Current Issues of the State and Law0 citations

Effectiveness of law enforcement practice in allocating the surviving spouse’s share when formalizing inheritance rights

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ИБИоанн Владимирович Ботанцов

Key Points

  • Formalizing inheritance rights effectively allocates the surviving spouse's share post spouse death.
  • An algorithm details property distinctions, specifically between movable and immovable types.
  • Legal regulation remains insufficient for determining marital shares in case of one spouse's death.
  • The inheritance process varies with property type, outlining a need for clarity in the formalization procedure.

Abstract

The issue of insufficient legal regulation of the procedure for allocating and determining marital shares in the event of the death of one of the spouses is raised. An algorithm is proposed for formalizing the surviving spouse's share, as well as inheriting the deceased spouse’s share in property registered in the surviving spouse’s name. The characteristics of distinguishing between movable and immovable property, and the moment of the emergence of ownership rights to them are discussed. The nuances are described and a list of items that practice considers jointly acquired property is provided. It is concluded that the marital share after the death of one spouse should be allocated to the surviving spouse in both the property registered in their name and in the name of the deceased. In each case, there is a specific procedure that depends on the type of property and the method of its acquisition.

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Иоанн Владимирович Ботанцов (2025) studied this question.

synapsesocial.com/papers/68de68ea83cbc991d0a21658https://doi.org/10.20310/2587-9340-2025-9-3-420-426
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