Inheritance in Georgia. A case with "aggravating circumstances"
- Recommendations for inheritance registration in Georgia
- If you have any questions, the REVERA Private Clients team of lawyers can help you.
Conducting an inheritance case in Georgia is a complex process that requires taking into account many legal aspects, especially if the deceased and his heirs have different citizenship or live in different countries. We share a case from our practice, in which it was necessary to inherit an apartment in Georgia, pledged to a Georgian TBC bank, for a citizen of Belarus living in Belarus.
The main difficulty was the difference in the procedures for accepting inheritance in Georgia and in the Republic of Belarus. Notaries in Belarus are endowed with a much wider range of powers to request documents from state bodies or legal entities than in Georgia, where notaries do not have such a wide range of powers, and heirs must collect the necessary documents on their own.
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For example: In Belarus, when assessing property for the issuance of a certificate of inheritance, notaries can request information on the cadastral value of a real estate object directly from the state register of real estate. In Georgia, notaries cannot request such information directly. In such a situation, there are three options:
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An additional difficulty was the difference in approaches to the adoption of a power of attorney. The text of the power of attorney for registration of inheritance in Belarus is unified and should give the right to execute it not only at a notary, but also in all other instances on the territory of the Republic of Belarus.
In Georgia, each organization (state body, legal entity) independently determines the form and text of the power of attorney. This creates difficulties if the power of attorney issued on the territory of the Republic of Belarus will be used in Georgia.
REVERA Private Clients lawyers drew up a power of attorney based on examples of various powers of attorney from Georgian organizations, translated it completely into Russian and sent the draft to the client. The power of attorney was suitable at every stage of the registration of the inheritance case.
Recommendations for inheritance registration in Georgia
- Determine in advance the range of state bodies and private organizations from which it will potentially be necessary to request documents;
- Request templates of powers of attorney and texts of powers;
- Open an inheritance case with a notary, who will promptly draw up all the necessary documents on the inheritance case (for example: a certificate of opening an inheritance case);
- Prepare certified translations of documents from Belarus into Georgian.
If you have any questions, the REVERA Private Clients team of lawyers can help you.
Write to lawyerAuthors: Yaroslavna Zadesenskaya, Levan Pogosov
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