Azerbaijani President Ilham Aliyev has officially signed into law a package of amendments impacting key legal frameworks, including the Land Code, Civil Procedure Code, Civil Code, and the laws “On Notary” and “On Execution”.
What’s Changing?
The reforms are aimed at enhancing legal protections for heirs, increasing transparency in inheritance processes, and improving registry practices related to movable and immovable property.
🔹 Equal Rights for All Heirs
Under the new rules, when a notary issues an inheritance certificate to an heir, they must also document the shares of other legal heirs (even if those heirs haven’t applied for the certificate themselves). This guarantees that all co-heirs’ rights are officially recognized.
🔹 Registry Updates
The State Register for both real estate and movable property will now include detailed information about all heirs and their shares in inherited property, ensuring greater legal clarity and minimizing future disputes.
🔹 Streamlined Inheritance Inventory
The timeline and conditions for requesting an inventory of the estate have also changed. Heirs may now request the inventory within the standard inheritance window, even if planning to decline the inheritance later. This allows for more informed decision-making.
🔹 Inheritance Transmission Reforms
Previously, if an heir passed away before formally accepting an inheritance, their rights could be lost. Now, the law guarantees that their share automatically transfers to their own heirs, just like any other part of their estate.
Additionally, if the new heir has less than three months to decide whether to accept or reject the inheritance, the timeframe is automatically extended to three months.
🔹 Key Restrictions Removed
Several previously restrictive provisions have been repealed:
Declining inheritance through transmission no longer disqualifies the new heir from receiving the property.
If a person refuses to accept inherited property, it will be passed to others who were invited to inherit alongside the deceased heir.
🔹 Silent Consent Means Acceptance
If an heir does not explicitly refuse the inheritance within the set time frame, it will be assumed that the inheritance has been accepted. This simplifies the process and prevents ambiguity.
