According to the Civil Code of the Republic of Armenia, inheritance occurs in two ways: by will or by law. Moreover, inheritance is carried out by law if there is no will, or if the will does not specify the fate of the entire inheritance, as well as in other cases stipulated by the same code.
The legislator has established two ways to accept inheritance. The first is to submit a request to the notary for accepting the inheritance within six months from the date of the decedent's death. The second way is to accept the inheritance through actual possession within the same time frame.
Actual possession in the context of inheritance refers to the physical control or management of inherited property by an heir. An heir can be considered to have accepted the inheritance by taking actual possession of the property, even if they haven’t formally declared their acceptance. This can include moving into a home, using a vehicle, or managing any other inherited assets.
Inheritance is considered accepted by the heir as well, if he/she
1. Takes measures to protect the property and defend it against encroachments or claims from third parties.
2. Incurs expenses for the maintenance of the property at their own expense.
3. Pays the debts of the decedent or receives funds owed to the decedent from third parties.
In judicial practice, there has been a long-standing contradictory approach regarding whether inheritance can be accepted through actual possession when it is accepted by will.
By the decision No. SDO-1660 issued on July 12, 2022, the Constitutional Court of Armenia has clarified the legal practice. According to the Court's interpretation, the acceptance of inheritance through actual possession or management, including incurring expenses for maintaining the property at one’s own expense, is applicable in cases of inheritance both by law and by will.
Subsequently, this position has also been reflected in the decision made by the Court of Cassation of the Republic of Armenia in civil case No. ED/17804/02/18, which is now mandatory for lower courts when examining similar disputes.