Issues of inheritance are regulated in section V of the Civil Code. In accordance with the rules, citizens who are alive at the time the case is opened, as well as conceived before the death of the owner and born after his death, can act as successors. The current provisions provide not only acceptance, but also a waiver of the inheritance in favor of other persons. Let us further consider its features.
Priority
Regardless of the will, according to the procedure established by the Civil Code, the blood relatives of the deceased are called upon to inherit. Meanwhile, other entities may also become successors. These include, in particular, adopted children, surviving spouses, the state, etc. The norms set 8 inheritance queues. The first group includes parents, spouse, and children of the deceased. The second stage consists of sisters and brothers (half and full), grandparents on the part of the father / mother. The next successors will be the aunts and uncles of the deceased. In the absence of these heirs, the property of the deceased owner will be relatives of the 3rd, 4th, 5th degrees of kinship. A separate category is made up of subjects who were dependent on the deceased for at least a year before his death. Under Article 1148 of the Civil Code, disabled citizens become successors on an equal footing and together with persons called up for succession in line.
General information
The period of renunciation of the inheritance coincides with the period of its adoption. In other words, the entity can transfer legal capabilities to other successors within six months from the date of opening the case. Extension of the period is allowed in some cases when the inheritance is actually accepted, if the citizen can prove the validity of the reasons for missing the deadline. The transfer of its part may be carried out to a specific subject from among the successors. At the same time, the right to refuse an inheritance has a number of restrictions. Successors who wish to transfer their part must be clearly aware of the consequences of this action. Refusal of inheritance in favor of other persons has no retroactive effect.
Specificity
Waiver of the inheritance in favor of other persons is a unilateral transaction. Accordingly, in addition to special requirements, the general rules of reality apply to it. Refusal of the inheritance in favor of other persons is carried out by the will of the successor himself. In this regard, all his actions have consequences only for him, except in some cases.
Legacy Waiver
As mentioned above, the successor can transfer its part to other entities only for 6 months. In case of a pass, the extension of this period is not allowed. The rules establish the requirements in accordance with which a waiver of inheritance is issued. The sample statement includes information about the successor transferring its part, the property that is transferred, the expression of the will of the subject. In addition, the document should contain information about citizens who will accept material values and legal duties and opportunities associated with them. The information is given in such a way that it is possible to determine the sequence and identify each successor in respect of whom the inheritance is refused. A sample application is signed by the citizen or his representative. At the end of the document also indicates the date of execution. A statement of renunciation of the inheritance is transmitted to the notary conducting the case. From the moment of its registration, the successor loses the opportunity to acquire part of the property of the deceased due to him.
Testament waiver
The rules provide for two types of succession. Inheritance can be carried out in a general manner. In this case, the successors and their order are established by the norms. In addition, the owner can make a will. In this case, the successors will be the subjects indicated in his will. At the same time, the shares relying on them are also determined in the will. At the same time, all successors have the opportunity to transfer their parts to other entities. The heirs can be not only legal entities and individuals, but also municipalities, the state. The transfer of its part is possible both before and after the acceptance of the property. In this case, certain requirements must be observed. In this case, a statement of renunciation of the inheritance is also drawn up. Its content is similar to that discussed above. The rules also set a time limit for actions. It is also equal to 6 months. Within six months, the subject must draw up a model of renunciation of inheritance, submit a document to a notary. The content, among other information, indicates the form of succession. The applicant must note that he renounces his part in favor of another heir by testament, provide relevant information about him and the will of the deceased. In this case, you must also comply with the requirements of Article 1158 of the Civil Code, understand the legal nature of the actions and the likely consequences.
Limitations
The legislation defines a list of persons whose denial in favor of which is prohibited. Such a restriction applies, despite the will of the successor. These entities include:
- Third parties not related to heirs.
- Deprived of succession. These entities are excluded by the owner from the will.
- Unworthy successors. These entities cannot inherit by court order. Their list is determined by Article 1117 of the Civil Code. These include, in particular, subjects who, by unlawful intentional actions, tried to achieve their calling for succession or increase the part due to them or other persons. The list also includes citizens who maliciously evade the performance of duties related to the maintenance of the owner.
These restrictions are necessary to ensure the protection of the interests of the testator, other successors and their relatives.
Additional bans
The rules of the Civil Code establish cases where the subject accepting a part of the property cannot make a waiver of the inheritance in favor of other persons. They are provided for in Article 1158 of the Code. No refusal allowed:
- In an obligatory share of the inheritance.
- From property, if it is all intended for specific entities at the behest of the deceased.
- With a designated heir.
Apart from the above entities is the receiver. Its features are determined by the 1160th article of the Civil Code. In particular, he may refuse a testament denial on an equal basis with other participants in the succession. This provision reinforces Article 1137 of the Code. At the same time, he is not entitled to refuse his part in any case. Other requirements for the implementation of the action in question are similar to those presented to the above situations. If the beneficiary acts as an heir for one reason or another, the acceptance or rejection of a testament refusal will not affect the performance of these procedures in relation to property.
Effects
If the subject decides to refuse the part due to him as a general rule or in accordance with the will, he must understand the results of this action. Regardless of the time of commission (before or after adoption), the consequences will always be the same. Refusing the material values that were due in succession, the person will not be able to take the property back or cancel his decision. Thus, the procedure is not only unconditional, but also irrevocable. From the moment of the transfer of his decision, drawn up according to the established requirements, to the notary, the successor once and for all loses his right to property. If the expression of will was directed, then the legal possibilities regarding material assets owed earlier to the entity pass to the citizens indicated in the application. With an unconditional decision, they are granted to all successors in a general manner.
Important point
In Art. 1158, paragraph 3, regulates such a consequence as the loss of all property due to the subject. This means that the heir cannot refuse any specific, unnecessary part to him. This rule is determined by the fact that succession involves the transfer of all property as a whole in an unchanged form. After the refusal, the part due to the heir is distributed among the remaining persons in proportion to their shares.
Validity requirements
In case of non-compliance with the requirements of the rules relating to the execution of a refusal, it may be declared null and void. In particular, this is permitted if:
- The consent of the guardianship and guardianship authorities was not obtained. It is necessary if the refusal is committed by a legally incompetent / minor.
- Failure to comply with the form of exercise of will.
- The transfer of part of the inheritance was made in favor of persons who do not have the appropriate rights.
- There are reservations and conditions.
Escheat
They are called material values that remain in the absence of heirs, their removal, lack of rights to be successors, refusal by all persons to accept property without specifying specific citizens in whose favor it was committed. Unclaimed property, which is a dwelling located on the territory of the Russian Federation, becomes the property of the corresponding municipal unit. If it is located in the city of Fed. values, then it takes the region. The living space is included in the social housing fund. Other escheated property becomes the property of the Russian Federation in succession by law.
Conclusion
The renunciation of the inheritance must be voluntary. In this case, the subject committing such an action must understand its consequences. In the future, the person will not be able to change his mind and return the property back. In this regard, before you make a statement, you should well weigh all the pros and cons of the decision. In some cases, the need to complete the above procedure is dictated by the presence of debt from the deceased. Indeed, according to the law, along with property, the obligations of the owner pass to successors. For some people, they are an overwhelming burden. Nevertheless, far from always giving up an inheritance is the only way out of the situation. Before making a decision, it is advisable to consult with lawyers and a notary public.