Article 1045. Elimination of unworthy heirs from inheritance of the Civil Code of the Republic of Kazakhstan
1. Persons who intentionally took the life of the testator or any of the possible heirs or made an attempt on their lives have no right to inherit either by will or by law. The exception is made by persons in respect of whom the testator made a will after the attempt on his life was committed.
2. Persons who intentionally prevented the testator from exercising his last will and thereby contributed to the vocation of themselves or persons close to them to inherit or increase their share of the inheritance are also not eligible to inherit either by will or by law.
3. According to the law, parents have no right to inherit after children in respect of whom they have been deprived of parental rights and have not been restored to these rights by the time the inheritance was opened, as well as parents (adoptive parents) and adult children (adopted children) who evaded fulfilling the duties assigned to them by virtue of the law for the maintenance of the testator.
4. The circumstances serving as the basis for the removal of unworthy heirs from inheritance shall be established by the court.
4-1. A person who does not have the right to inherit or has been removed from inheritance on the basis of this article (an unworthy heir) is obliged to return all property unreasonably obtained by him from the inheritance.
If it is impossible to return the inherited property, the unworthy heir is obliged to reimburse its market value.
5. The rules of this article shall also apply to a testamentary waiver (Article 1057 of this Code).
In the event that the subject of the testamentary waiver was the performance of certain work for an unworthy beneficiary or the provision of certain services to him, the latter is obliged to reimburse the heir who executed the testamentary waiver for the cost of the work performed or the service rendered to him.
6. The rules of this article apply to all heirs, including those entitled to a mandatory share.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
