Denial of inheritance in favor of another heir: timing, execution of documents, law

Renunciation of an inheritance in favor of another heir is a procedure provided for those who do not want to take property after the death of a relative or other person. This step has consequences, and can not be abandoned.

The fate of inheritance property

The heirs are the recipients of the property after the death of its owner under the law or will. Before the relatives or heirs by will, the question arises about what to do with the property that they got. Accept it or not? If so, how can you distribute it among yourself?

The rejection of an inheritance in favor of another heir is one of the possible steps.

Successors have six months to decide. In this period of time all documents for property are collected, the notary submits inquiries to banks, credit organizations in order to find the available values.

What is its peculiarity?

Refusal of inheritance in favor of another heir is an unconditional step. He deprives a person of any rights to property that the deceased previously possessed. The solution of this issue also takes 6 months. Change your opinion in the future will be impossible, although in some countries this provision is allowed within a half-year period.

There are many cases in practice when a citizen seems to be not refusing to take property, but he does not submit an application to a notary. Whether such actions are considered to be a denial of an inheritance in favor of another heir or not, the court will resolve the dispute in a disputable situation.

Depending on the circumstances, such a person can be recognized as an heir through the court. Other successors may even, on a general request, take him to their circle if he missed the deadline for filing an application. In this situation, the refusal will no longer be accepted.

Reasons for failure

The main reason for foregoing the acceptance of property is the excessively large debts of the deceased. The law limits the scope of claims to the inheritance framework, and the successor is responsible for them only within the value of the property received. The execution of documents costs money and time, and the results of labor will still go to creditors. Another reason is that the property is unsuitable for use or repair, or reconstruction will be prohibitively expensive. Others are faced with the fact that the share obtained is clearly insignificant, and it makes no sense to spend time and money on it. After all, it's not a fact that he will get compensation.

Who has the right to refuse

The law provides for two categories of purchasers:

• By will;
• According to the line of inheritance.

The first heirs are those who are indicated in the will. If it was not drawn up or found illegal, the property is divided among the heirs according to the order by law.

Allowed and alignment: the will covers only a part of the property, the balance in this case is divided according to the queue.

The refusal of an inheritance in favor of another heir is permitted provided that the latter is admitted to the inheritance. He is listed in the will or listed in the queue, whose members have the right to purchase.

Until the moment when the right to obtain an inheritance passes to the citizen, he has no opportunity to refuse him. You can not abandon what is not.

Only he alive people can be heirs.

If the heir is not 18 years old

Juveniles or citizens who are not yet 18 years of age have the right to receive an inheritance and to refuse it.

The children of the deceased are first of all the recipients of the property. A different degree of kinship pushes them to the appropriate queue. A child can replace his parent in the succession of heirs, if he died earlier than the testator by right of representation. A kind of replacement is made.

The law provides for an obligatory share. Its essence lies in the fact that the child receives a guaranteed or mandatory share in the property, if there is a will. He has the right to no less than half of the part that would be due to him by law. This applies equally to the child in the queue, called for inheritance, and to the one who became the heir by the right of representation.

The law obliges notaries to inform the guardianship authorities about children-heirs.

If children do not have a legal representative for some reason, the guardianship authorities will appoint him to deal with issues of child protection. Registration of documents for entering into an inheritance on an apartment is also the duty of the guardian. True, a child who is 14 years old, has the right to declare his rights by writing an application to a notary.

Legislation prohibits the reduction of the property and other rights of the child. In fact, the refusal by legal representatives of his rights is impossible. And without the consent of the guardianship authorities, it is not accepted. In addition, the refusal of an obligatory share in the inheritance is forbidden.

In whose favor the refusal is allowed

The law from recent time almost does not limit those in whose favor the refusal is allowed (Article 1158 of the Civil Code of the Russian Federation). Does it matter, for example, the succession of heirs by law?

No, a refusal is allowed in favor of any heir, either by law or by will, regardless of the degree of kinship, and also whether a person is brought to inheritance on the basis of a submission or because of a hereditary transmission.

It is forbidden to transfer your succession to persons who are recognized as unworthy heirs.

A person who is not listed in one of the successors of the heirs by law is not marked in the will, can not become a substitute for the person who refused. Those. Transfer their rights are only allowed to a potential successor by law or testament.

However, there are several limitations when failure is impossible:

• The property is fully distributed by will;
• Acquisition of an obligatory share.

The testator has the right to choose one or all heirs for replacement in case they refuse, or they will be removed from receiving property legally, or they die. Only refusal is allowed, because the replacement for this case is already provided.

Is partial rejection accepted?

Legislation forces you to make an unequivocal choice whether to accept an inheritance or not. Refusal of a part of the inheritance is not permitted. Together with this there is one provision that allows to circumvent the ban.

You can buy the inheritance by law or by will or be involved in the order of transmission. It is given the right to choose the acquisition of property on one or several grounds simultaneously.

For example, the heir has the right to receive a share in the apartment under the law and the car by will, due to the fact that before his death, the owner of real estate did not have time to decide who will get the property. There remains a choice: to get a share in an apartment or just a car or to do both.

However, many refuse to share in real estate, especially if it is small, and the process of formalizing documents for inheritance on an apartment is quite complicated.

Thus, there is an opportunity to still take the most acceptable share.

Methods of rejection

Documents for the renunciation of the inheritance can be formalized personally or through a representative who is accepted solely with a notary's power of attorney. It expressly states the right to refuse inheritance, inherited from a particular person. If the refusal is made in someone's favor, this person is also indicated.

The second way to send a refusal is through the postal service or through couriers. Documents for the renunciation of the inheritance are sent directly to the notary who opened the hereditary case. You can issue a power of attorney and mail it to the selected representative.

How to write a statement

The application is a standard document:

• The number of the office or the full name of the notary;
• Name of the applicant, place of residence;
• document's name;
• Directly the refusal of the share due after (the name of the deceased), the degree of kinship;
• Date, signature.

Notarial refusal of the inheritance is certified by a notary, his signature and seal and put in the case.

The document is standard, so there are no problems. If the refusal took place under the influence of violence or deception, you can try to challenge it through the court.

To certify the application at the notary, it is necessary to have a passport, a certificate of death of the testator and a document confirming the relationship, or a will.

Waiver through court

A person who does not wish to become an heir may miss the deadline for writing the application. The result may be the acquisition of unwanted property in addition to their own will. And creditors can pay their attention to it, which will only harm other acquirers.

Legislation and judicial practice provide for the right to file a claim with a court for recognition as a person who has not accepted an inheritance.

On what are usually based claims:

• The actions allowing to speak about acceptance of the inheritance, have been made after the passage of a 6-month period;
• Maintenance and care were carried out on behalf of other heirs.

So, for example, living in an apartment of the deceased is not necessarily a confirmation of the acceptance of the inheritance.

The procedure for rejection is the same for everyone, it does not matter whether its first successors or subsequent ones make it.