Waiver of inheritance in favor of another heir -the procedure provided for those who do not wish to take property after the death of a relative or other person. This step has consequences, and rejection of it is impossible.
Fate of hereditary property
Heirs are recipients of property afterthe death of its owner according to the law or testament. Before the relatives or heirs of the will, the question arises of what to do with the property that they inherited. Take it or not? If so, how to distribute it among themselves?
Waiver of inheritance in favor of another heir is one of the possible steps.
Successors have half a year to acceptdecision. During this period of time, all documents for property are collected, the notary submits requests to banks, credit organizations in order to track down valuables.
What is its feature
Waiver of inheritance in favor of another heir -unconditional step. It deprives a person of any rights to property that the previously deceased had. It also takes 6 months to resolve this issue. It will not be possible to change one’s opinion in the future, although in some countries this is allowed within a half-year period.
There are many cases in practice whenthe citizen does not seem to refuse to accept the property, but does not submit the application to the notary. Whether such actions are considered a refusal of the inheritance in favor of another heir or not, the court resolves in a disputable situation.
Depending on the circumstances, such a personcan be recognized as an heir through the courts. Other assignees may even accept a general application in his circle if he missed the deadline for submitting an application. In this position, the refusal will not be accepted.
Causes of failure
The main reason for giving upadoption of the property - excessively large debts of the deceased. The law limits the scope of claims to the inheritance framework, and the assignee is liable for them only within the framework of the value of the property received. Paperwork is worth the money and time, and the results of the work will still get the lenders. Another reason - the property is unsuitable for use or repair or reconstruction will cost prohibitively expensive. Others are faced with the fact that the resulting share is clearly insignificant, and there is no point in wasting time and money on it. After all, it is not a fact that compensation will come out.
Who has the right to refuse
The law provides for two categories of purchasers:
- under the will;
- according to the inheritance queue.
The first heirs are those who are listed in the will. If it was not made up or declared illegal, the property is divided between the heirs according to the turn according to the law.
Allowed and combination: the will covers only part of the property, the remainder in this case is divided according to the queue.
Refusal of inheritance in favor of another heir is allowed provided that the latter is admitted to the inheritance. He is listed in the will or is listed in the queue, whose members have the right to purchase.
Until such time as the right to receive the inheritance passes to the citizen, he does not have the opportunity to refuse it. You can not give up what is not.
Heirs can only be living people.
If the heir is under 18
Minors or citizens who are not yet 18 years old have the right to receive an inheritance and refuse it.
Children of the deceased are primarily recipients.property. Another degree of kinship pushes them to the appropriate queue. The child can replace his parent in the queue of heirs, if he died earlier than the testator by the right of representation. Produced a kind of replacement.
The law provides for an obligatory share.Its essence is that the child receives a guaranteed or mandatory share in the property, if there is a will. He has the right to not less than half of the part that he would be entitled to by law. This applies equally to a child who is in a queue, called for inheritance, and one that became an heir by right of representation.
The law obliges notaries to inform guardianship authorities about their heirs.
If the children do not have legal reasons for some reason.representative, the guardianship will appoint him to deal with the protection of the interests of the child. Paperwork for the entry into the inheritance of the 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 a statement to a notary.
Legislation prohibits reducingproperty and other rights of the child. In fact, the denial by legal representatives of his rights is impossible. And without the consent of the guardianship, it is not accepted. In addition, the waiver of the mandatory share in the inheritance is prohibited.
In favor of which the refusal is permitted
Recently, the law almost does not limit those in whose favor a refusal is permitted (Article 1158 of the Civil Code of the Russian Federation). Does, for example, the value, the queue of heirs by law?
No, rejection is allowed for the benefit of any heir.both by law and by will, regardless of the degree of kinship, as well as by whether a person is attracted to inheritance by presentation or by virtue of an inherited transmission.
It is forbidden to transfer its succession to persons who have been recognized as unworthy heirs.
A person who is not listed in one of the queuesheirs by law, not noted in the will, can not be a substitute for the refused person. Those. transfer his right is allowed only to a potential successor under the law or testament.
However, there are several limitations when rejection is not possible:
- property is fully distributed by will;
- acquisition of a mandatory share.
The testator may choose one or allheirs replacement in case they refuse, or they will be excluded from obtaining the property legally, or they die. Only refusal is allowed, because the replacement for this case is already provided.
Is partial refusal accepted
Legislation makes you make an unequivocal choice - to accept an inheritance or not. Waiver of part of the inheritance is not allowed. At the same time, there is one provision that allows to circumvent the ban.
You can acquire an inheritance by law or by will or be attracted by way of transmission. Given the right to choose the acquisition of property for one or several reasons at the same time.
For example, the heir has the right to receive a share inapartment under the law and the car according to the will, due to the fact that before his death the owner of the property did not have time to decide who would get the property. It remains to choose: to get a share in the 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 paperwork for the entry into the inheritance of an apartment is quite complicated.
Thus, it is still possible to take the most acceptable share.
Ways of failure
Documents for refusal of inheritance can be issuedin person or through a representative who is accepted exclusively with a notarized power of attorney. It expressly states the right to refuse an inheritance inherited from a specific person. If the refusal is made in someone's favor, that person is indicated.
The second way to send a refusal is via mail.service or via couriers. Documents for refusal of inheritance are sent directly to the notary who opened the inheritance case. You can issue a power of attorney and send it to the selected representative by mail.
How do you spell a statement
The application is a standard document:
- office number or name of the notary;
- Name of the applicant, his place of residence;
- document's name;
- directly the refusal of the due share after (the full name of the deceased), the degree of kinship;
- date, signature.
The notarial rejection of the inheritance is notarized, signed and stamped by the notary and put into action.
The document is typical, 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 courts.
In order to certify the application with a notary, you must have a passport, a testator’s death certificate and a document confirming the relationship, or a will.
Failure through court
A person who does not want to become an heir maymiss the deadline for writing a statement. The result may be the acquisition of undesired property against their will. And creditors can turn their attention to it, which only hurts other buyers.
Legislation and judicial practice provide for the right to file a lawsuit in court for recognition as a person who has not accepted the inheritance.
What are the grounds for claims:
- actions to talk about accepting an inheritance were made after the passage of a 6-month period;
- maintenance and care were carried out on behalf of other heirs.
For example, living in the apartment of the deceased is not necessarily a confirmation of the acceptance of the inheritance.
The refusal procedure is the same for everyone, no matter if its first heirs or subsequent ones commit it.
