Special Ways to Protect the Inheritance Rights of Minors

Abstract

The relevance of the subject matter is primarily conditioned by the specific features of the civil status of minors as participants in hereditary legal relations. Their lack of absolute autonomy and legal independence requires the use of special ways to protect their inheritance rights, but the structured list of special ways to protect them is not legally consolidated. The purpose of the study is to identify and reveal the essence of special methods of protection that can be applied in case of violation of the inheritance rights of minors. Using the method of analysis, the content of the legal nature of special ways to protect the inheritance rights of minors is clarified. The comparative legal method helped determine how much external objective factors and social factors determine the choice of certain special ways to protect the inheritance rights of minors. As a result of the conducted research, the content of special methods of protecting inheritance rights is revealed. The expediency of applying specific special methods of protection to hereditary legal relations involving minors is substantiated. The features of protecting the inheritance rights of minors are illustrated. The following special ways of protecting the inheritance rights of minors are identified and analysed: invalidation of the certificate of inheritance rights; reduction of the size of the mandatory share; interpretation of the will carried out by the court; recognition of the will (separate order) as invalid; certification of the fact that an individual (legal entity) is the executor of the will. Special ways of protecting inheritance rights, consolidated in civil legislation, are investigated, considering the specifics of the legal status of the subject whose inheritance rights are violated. It is indicated that the level of effectiveness of such methods of protection depends primarily on the type of right that has been violated and is subject to protection. It is noted that in practice, the chosen algorithm for protecting the inheritance rights of minors should first of all ensure the effectiveness of protecting the violated right. The results of the study can be used in notarial activities when it is necessary to ensure compliance with the rights and legitimate interests of a minor as an heir. In addition, the conclusions of the study are of practical importance for ensuring the unity of judicial practice in resolving inheritance disputes involving a minor and for choosing the most effective way to protect their rights.