1. The subject of the dispute is the recognition of certificates of the right to inheritance by will as invalid and the cancellation of the decision on state registration of ownership of the shares of the apartment received by the defendant as inheritance.
2. The court of cassation agreed with the decisions of the courts of previous instances, which refused to satisfy the claim, based on the fact that the right to a mandatory share in the inheritance is of a personal nature and cannot be transferred to other persons by way of inheritance, in particular by the right of representation; since the son of the testator, who would have the right to a mandatory share, died before his parents, he did not acquire this right, and it cannot be transferred to his child (grandson of the testators). The court also noted that the rules of inheritance by the right of representation do not apply to the right to a mandatory share in the inheritance, and that the courts of previous instances correctly resolved the issue of the distribution of court costs for legal aid. The Court departed from the previous conclusions of the Supreme Court, noting that the right to a mandatory share is not included in the composition of the inheritance and cannot be transferred to another person by way of inheritance, and the rules of inheritance by the right of representation do not apply to the right to a mandatory share.
3. The Supreme Court dismissed the cassation appeal, and the decisions of the courts of previous instances remained unchanged.
