The rules of inheritance are established by the state, which allows the competent execution of actions. Fulfillment of the transaction includes many nuances that you need to know. The heir may refuse the inheritance so that it is transferred to other persons. Deviation in favor of citizens is not possible in cases where property has been transferred by will. Also, this cannot happen with an obligatory share in the inheritance.
Legislation
All issues of renunciation of inheritance are regulated by Art. 1158 of the Civil Code of the Russian Federation. Deviation cannot be made upon the appointment of a part of the property. The recipient may refuse the inheritance if there are several reasons.
How to refuse an inheritance in favor of another heir is also prescribed in the law. Refusal to receive property can be made in favor of another person, as well as without his instructions. It is possible to issue a refusal by testament, law, or right of representation. Each citizen himself can decide whether to accept his inheritance or reject it.
General rules
The inheritance procedure prescribes the performance of several actions. According to the rules, the heir must, within 6 months after the opening of the inheritance, submit an application to a notary or another person who carries out this work. This is approved by Art. 1158 of the Civil Code of the Russian Federation.
Often recipients who do not have the necessary knowledge want to enter into inheritance, not following the rules. They should not use property not yet inherited. All transactions can be made only after documentary confirmation.
Between persons there may be legal proceedings for inheritance. When there is more than one successor and everyone has some kind of property, then disputes arise over shares. In this case, the court will help to solve the problem.
Reasons for refusal
Although real estate is a necessary thing, liabilities are imposed upon its receipt. The property is transferred with the debts of the testator. For example, a deceased person did not pay utility bills for a long period, and during this time fines were charged. According to the rules, the heir is liable to creditors in the field of property prices. Although real estate valuation is not always appropriate, it is necessary to pay debts.
There may be other reasons for refusing the inheritance. If housing has passed on a mortgage, you will have to give money to the bank. And when there were delays, then fines are also charged. Insurance companies do not always pay debt for their client. The reasons for this may be in the contract.
Some heirs give up property due to the fact that housing is not suitable for life. Repair will require a lot of money. Such property will not be sold. Handing over or exchanging it will also be difficult.
To whom is the property transferred?
Failure can only be voluntary. A person has the right to designate successors in a statement. Moreover, the property may belong to a specific person or several. It is possible to register the shares of each. If you refuse, you will have to give all the property, and not part of it.
Transfer the property does not work for any person. It can be transferred only to those heirs who are indicated in the will of the deceased, as well as to relatives who have the right to do so. Unworthy citizens, that is, those who committed unlawful acts regarding a person who has passed away, cannot enter into the rights.
Rules for registration
How to refuse an inheritance in favor of another heir? Under the law, a successor can do this with the identification of persons, as well as without it. It is necessary to provide a notary with a statement written in accordance with the approved model.
It should be borne in mind that the conformity of actions that confirm the receipt of an inheritance is the basis for the transfer of inheritance. And its rejection is not considered by the courts. There are some reasons for this.
Differences between ownership and use
Art. 1158 of the Civil Code of the Russian Federation includes requirements for the use of property. There are 3 rights related to property:
They can be in one person or several. Sometimes powers of one kind are provided. If a person inherited an apartment, then he can live in it without registration of inheritance. No one can refuse this. Living in inherited housing confirms use, ownership. The court only claims ownership of property, and residence proves this fact. By law, ownership confirms acceptance of property.
Why is writing required?
The refusal of the inheritance in favor of other persons and the refusal of part of the inheritance differs from its non-acceptance, which is carried out with the help of a notary. It will also be necessary to carry out conclusive actions, which the court must consider for evidence.
Lawyers advise principals to fix legal relations with the help of documents. This must be observed at the end of the notarization of the inheritance, registration of the right of successors. If the entry has not yet occurred, then you can issue a refusal after notarization.
In Art. 1158 of the Civil Code of the Russian Federation, the principles of the transaction are indicated. On them it will turn out correctly to issue everything. A notary public can help with this. A waiver of the inheritance is drawn up under his leadership.
Why do I need to make a refusal?
In order to draw up the inheritance’s refusal from the inheritance, the application form must be provided to the notary. If they refused to take up this matter, claiming that 6 months had been missed, then the successor should take a written disagreement from there. This will be necessary to prove their rights.
Such a statement may serve as insurance for persons who received property. This will prevent the abuse of the rights of others. The document is used in court as evidence. In practice, such situations often occur when the recipient is asked to indicate information about the absence of heirs. If disputes arise, then the citizen who wrote the false information will be guilty.
The recipient of the property must indicate all persons who wish to receive their share. And it is necessary to indicate their mailing addresses. The information must be true.
When is failure possible?
Registration of a waiver of an inheritance can be performed by transferring this right to other persons. This citizen has the right to indicate the necessary shares. If there was no distribution of property, then it will be divided equally. When the recipient of the property was alone, then it becomes public.
A refusal cannot be fulfilled if the heir has submitted an application to the notary for the acceptance of the property in advance. Deviation from it is made with the application of competent citizens. If the recipient is not 18 years old, then the procedure is performed by parents with the permission of the guardianship authorities. The law prohibits the abandonment of property in the direction of citizens who are not considered successors or have been deprived of the right to inherit.
Invalid Failure
Since the cancellation of the refusal is not approved by law, in order to challenge the rejection, you must go to court. This transaction is considered unilateral, which may be declared invalid. The reasons for this may be different.
There are many examples where it was required to prove the invalidity of a transaction. For example, a person could be in a state where he did not comprehend his actions. The recipient could refuse the property in case of misleading. The cancellation of the refusal is carried out in court with evidence, for example, with the provision of a health certificate.
Inheritance
Although the successor has the right to refuse to receive property, the pluses and minuses of the inheritance should be taken into account. Therefore, it is better to immediately decide whether receiving real estate will be beneficial. After all, if cancellation follows, then it’s difficult to return.
You must notify your decision within 6 months after the death of the testator. An inheritance opens in the place where the deceased lived. If it is unknown, then you need to visit the place of registration. The receipt of property by several people occurs in 2 ways: when they are indicated in the will, or if it is not, then everything is carried out legally.
When the second option is applied, the queue is taken into account. The first are children and parents, spouses. Then follow brothers, sisters, grandmothers, grandfathers, and then uncles and aunts. If there are no heirs, then the turn goes to the following persons.
To receive an inheritance, you must write a statement in the prescribed form. The recipient must indicate the request for the receipt of property that belongs to him by inheritance. It is necessary to bring a passport, a death certificate of the testator. All other documents that confirm the relationship of the successor and the testator. It is necessary to provide a will, certified by a notary. Other documents may also be required depending on the property: car, cottage or apartment.
According to this procedure, you can ask questions to the lawyer, and even better, entrust him with the registration procedure. After the transition, the property becomes property, so you can make various transactions with it. The owner can use it, rent, sell. He also retains the right to inherit and donate.