Article 1071. Inheritance protection and management during inheritance according to the law of the Civil Code of the Republic of Kazakhstan
1. If part of the property is inherited by will, the executor of the will, appointed by the testator, shall protect and manage the entire inheritance, including that part of the inheritance that is inherited by law.
The executor of the will, appointed in accordance with Article 1059 of this Code by the heirs under the will or by the court, performs the functions of protecting and managing the entire inheritance as a whole, unless the heirs legally require the appointment of a trustee of the inheritance to perform these functions in relation to the part of the inheritance that is inherited by law.
2. The trustee of the inheritance is appointed by a notary at the place of opening of the inheritance at the request of one or more heirs according to the law. According to the law, an heir who does not agree with the appointment of an inheritance manager or his choice has the right to challenge the appointment of a trustee of the inheritance in court.
3. If the heirs are legally absent or unknown, local executive authorities of cities of republican significance, the capital, districts, cities of regional significance must apply to a notary with a request to appoint a trustee of the inheritance. In the event of the appearance of the heirs according to the law, the trustee of the inheritance may be recalled at their request with reimbursement of the necessary expenses and payment of a reasonable remuneration at the expense of the inheritance.
4. The trustee of the inheritance shall exercise the powers provided for in Article 1059 of this Code with respect to the executor of the will, as otherwise does not follow from the specifics of inheritance by law.
5. The trustee of the inheritance has the right to reimburse from the inheritance the necessary expenses for the protection and management of the inheritance, and unless otherwise provided by his agreement with the heirs - and remuneration.
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
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