The first and second grade relatives of INHERITANCE TAX are fully exempt from the heritage tax.
The legacy of family third and fourth grades shall be taxed at 20% on their heritage in excess of GEL 150,000 (€ 53,571). qatar sales
TAX RATE HEIR CLASSIFICATION
First degree 0 percent relative
Relative second grade 0 percent
Relative third degree 20 percent
Relative fourth degree 20 percent
Additional 20 percent
Source: Guide to Global Property
LAW INHERITANCE
GEORGIAN LEGAL PARTNERSHIP, L.L.C.
What are the laws on heritage in Georgia?
The laws of Georgian heritage affect all owners of properties in Georgia.
The Civil Code of Georgia, Book 6: Succession Law, is the main law dealing with issues of heritage. In accordance with Georgian law on the legal status of foreigners, any person having a legal presence in Georgia can own property, leave property by will and have inheritance rights. Unless otherwise established by international law, foreigners are entitled to the same rights, freedoms, duties and judicial procedures as Georgian citizens.
The City and District Court of the Civil Chamber is competent for heritage matters. In accordance with the Code of Civil Procedures, civil cases shall be considered by the court within two months of the day when the application is filed, with the exception of difficult cases where the term is five months. The terms of all proceedings cannot be generalized; each case is individually examined.
Half of the estate is 'reserved'; the remainder may be left free of charge.
Children, parents and the testator's spouse are eligible for a reserved portion of a property, regardless of the content of a will which amounts to one-half of the property.
After the assignment of the reserved portion, the testator may, in his/her own discretion, dispose by will of the remainder of his estate. A tester can specify which shares each successor will receive from the estate, or indicate which property the successors will receive. In the absence of this indication, the estate is distributed equally among the successors. If several successors are named as a will but only one share of the successor is specified, the other successors will have equal shares of the unspecified part of the estate.
A testator may remove one, more or all successors from the intestate section of the succession without any reason. A person deprived of succession in a will must not be an unwavering successor to that part of the estate not included in the Will or that part denied by the successors of the test.
The right to claim a reserved portion arises from the time the succession is opened. The right to such a claim shall be transferred through succession. The total amount of a reserved portion is determined on the whole estate including the property for the performance of the will obligation or any action for the common good.
When determining the reserved part of each successor, all intestate successors that would have been invited to receive the estate had there not been a will are taken into consideration. The successors of the tests are not taken into account.
Intestacy
Other relatives also acquire rights of succession in cases of intestacy. Intestate succession shall be carried out if the deceased has not left a will, if a will only concerns part of an estate, or if a will is declared null. The estate of intestate is divided into equal shares among heriters who succeed in the following order:
First order successors - the children of the deceased, the deceased's born after his or her death, the spouse (although not divorced spouses, parents (adoptive parents), grandchildren and their offspring are mutually exclusive inheritors;
Successors of second order - the sisters and brothers of the ill and their successors;
Successors of the third order - the grandparents of the diseased;
Successors of the fourth order - Uncles (brother of the mother and brother of the father) and Aunts;
Successors of the fiveth order - cousins or their children in the absence of cousins.
The court may acknowledge that if the deceased has been consciously hindered in making a testamentary provision to increase his share, or if a deliberate offense or other immoral action is committed contrary to his will, a person is unworthy of being a successor.
Intestate successors not specified in an agreement shall retain the right to a share of the property not referred to in the agreement. They also inherit property in a will if the successors to the test are dead or if they refuse to accept their succession.
When a whole family estate is distributed among the successors of the test but one of the successors is dead, its proportion of the estate is equally allocated between the successors of the living tests.
In the absence of successors, the successor shall transfer the property to the treasury.
If the testator has received support from institutions for the elderly, the disabled, medical care, education or social security, the succession is transferred to its property. An unsuccessful property in a corporate or co-operative company will be transferred to them in the form of a share, unless otherwise provided for by law.
The place where a succession is opened is the country where the testator lived when he died. If, at the time of death, an alien with interest in Georgia is abroad, the information mentioned above may not apply.
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