Denial of inheritance and its types

The legacy does not always benefit his heirs. Sometimes due to his sharing, the relations of family members may deteriorate, and someone simply does not need an inheritance. In such cases, the easiest way out of the current situation is to renounce the inheritance.

Notary practice has three types of similar refusals:

- refusal in favor of one or several heirs;

- simple (unconditional) refusal;

- "silent" refusal.

Acceptance and renunciation of the inheritance, except for a silent refusal, is issued by any notary public and private (subject to having permission to conduct hereditary cases). If such a document is made in a notary's office or at a private notary where a hereditary matter is entered, then it is registered in a simple form and attached to the hereditary case.

If, on the strength of any objective reasons, a refusal to register in a notary's office where a hereditary matter is instituted is not possible, it is made in any notary's office by affixing a verifying inscription on such a document. The refusal denied by the notary is sent to the place where the hereditary case was opened.

"Silent" refusal implies non-return to the notary for establishing an inheritance case. This option is possible only if the heir does not live or is not registered at the place of residence of the deceased, and he actually did not accept the inheritance.

With regard to the refusal of hereditary property, the legislator establishes restrictions: one can not refuse part of the inheritance property or refuse the condition.

When registering a waiver of hereditary property, an essential condition is the indication or non-indication of the heir in whose favor a waiver is made, as this may affect the distribution of shares in the property.

So, for example, the heirs of the deceased are two sons and a daughter. The daughter does not plan to take property and draws up a waiver of the share of the inheritance. If a daughter makes a refusal in favor of one of the brothers, then her share will be added to his share, and one brother will inherit 1/3 of the property, and the second, in whose favor they refused, ½. If the daughter issues a refusal without specifying the heirs (unconditional refusal), then her share will be distributed equally among the brothers and each will receive a ½ share.

Legislation provides for the renunciation of inheritance on both grounds: by law and by will. And one does not exclude another. So, if the heir renounces the inheritance under the will, then he can inherit all property on general grounds by law, along with other heirs. If such an heir formalizes the refusal of inheritance by law, he will inherit only the bequeathed property to him.

To accept the inheritance or to refuse it can be no later than six months from the date of death of the testator. It should be remembered that if the application for acceptance and extradition of the inheritance can be canceled at any time and taken back, then the renunciation of the inheritance can not be taken back or annulled.

There are situations when hereditary property passes into the ownership of heirs automatically (actual acceptance) even without applying to a notary for the establishment of the hereditary case. And if you do not file an application within six months, you can refuse such an inheritance only in court, for which you will have to prove the valid reasons for missing the half-year term.

There are cases, though rarely, when all heirs refuse to inherit from the inheritance, or they do not exist at all. Then the destiny of property is decided by the state, or more precisely, by the administrative-territorial unit, recognizing such property as escheat.