of May 20, 2026 No. 4
About some questions of application by courts of the legislation on inheritance
For the purpose of uniform application of the legislation on inheritance the plenary session of the Supreme Court of the Republic of Kazakhstan explains:
1. The inheritance right is guaranteed by the Constitution of the Republic of Kazakhstan (further - the Constitution) and provides transition of property of the died citizen (testator) to other persons (heirs) according to the procedure, determined by the Civil code of the Republic of Kazakhstan (further - group of companies), and in the cases established by the Civil Code, and other legal acts.
Resolving disputes over cases on inheritance, courts shall be guided by the legislation existing on the opening day of inheritance. The new law making changes and additions is applied to those rights and obligations on inheritance which arise after its introduction in action.
2. Time of opening of inheritance is day of death of the testator, and in case of the announcement his dead - day of entry into force of the judgment on the announcement of the citizen by the dead if in the judgment other day is not specified. If the death of citizens who could inherit one ambassador of another came in one calendar days, then they are recognized died at the same time and do not inherit the friend after the friend, heirs of each of them are called for inheritance.
3. The place of opening of inheritance is the last residence of the testator to which that settlement where the citizen constantly or mainly lived is recognized.
If the last residence of the testator is unknown, the place of opening of inheritance the location of real estate is recognized, and in case of its absence the location of personal estate or its most valuable part. The value of property is determined proceeding from its market value on the opening day of inheritance.
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