Can inheritance be accepted through actual possession or management of property according to a will?
According to the Civil Code of the Republic of Armenia, inheritance of property occurs according to a will and/or by law.
Moreover, inheritance is carried out according to law if there is no will, or if the fate of all property included in the inheritance mass of the testator is not determined by it, as well as in other cases specified by the same code:
The legislator has established two ways to accept inheritance. The first is to submit an application to a notary for accepting the inheritance within six months from the date of the testator's death. The second way is to accept the inheritance through actual possession within the same time frame:
Accordingly, unless proven otherwise, the inheritance is considered accepted by the heir when they begin to actually possess or manage the inherited property, including when the heir:
1) takes measures to preserve the property and protect it from encroachments or claims by third parties.
2) incurs expenses for preserving the property at their own expense.
3) pays the debts of the testator or receives amounts due to the testator from third parties:
For a long time, there was a contradictory approach in judicial practice regarding whether acceptance of inheritance through a will could also be possible through actual possession.
On July 12, 2022, the Constitutional Court of the Republic of Armenia clarified the legal application practice with decision No. SD-1660. According to the Court's interpretation, the method of accepting inheritance through actual possession or management, including incurring expenses for preserving the property at one's own expense, is applicable in both cases of inheritance by law and by will:
Subsequently, this position was also 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.


