Waiver of an inheritance in favor of another heir is a 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 can’t be abandoned.
The fate of the estate
The heirs are the recipients of the property after the death of its owner in accordance with the law or will. Relatives or heirs of the will raise the question of what to do with the property that they got. To accept it or not? If so, how to distribute it among themselves?
Failure to inherit in favor of another heir is one possible step.
Successors have six months to make a decision. During this period of time, all documents for the property are collected, the notary submits requests to banks, credit organizations in order to find the available values.
What is its feature
Rejecting an inheritance in favor of another heir is an unconditional step. It deprives a person of any property rights possessed by a previously deceased person. The solution to this issue is also given 6 months. It will be impossible to change one’s opinion in the future, although in some countries this provision is allowed within a six-month period.
There are many cases in practice when a citizen does not seem to refuse to accept property, but also does not submit an application to a notary. Whether such actions are considered a waiver of the inheritance in favor of another heir or not, the court allows in a controversial situation.
Depending on the circumstances, such a person may be recognized as the heir through the court. Other successors may even by general application accept him in their circle if he missed the deadline for submitting the application. In this position, the refusal will not be accepted.
Reasons for refusal
The main reason for refusing to accept property is the excessively large debts of the deceased. The law limits the scope of claims to inheritance, and the assignee is liable for them only within the framework of the value of the property received. Paperwork costs money and time, and the results of the work will go to lenders anyway. 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 received is clearly insignificant, and it makes no sense to spend time and money on it. It’s not a fact that it will come out to receive compensation.
Who has the right to refuse
The law provides for two categories of acquirers:
- by will;
- according to the inheritance queue.
The first heirs are those who are indicated in the will. If it was not drawn up or recognized as illegal, the property is divided between the heirs according to the queue under the law.
Combination is also allowed: the will covers only part of the property, the remainder in this case is divided according to the queue.
Refusal of an inheritance in favor of another heir is permitted provided that the latter is admitted to the inheritance. It is indicated in the will or listed in the queue, the participants of which have the right to purchase.
Until the moment when the right to receive the inheritance passes to the citizen, he does not have the opportunity to refuse it. You cannot refuse what is not.
Heirs can be exclusively living people.
If the heir is not 18 years old
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 of property. A different degree of kinship pushes them to the appropriate queue. A child can replace his parent in the line of heirs if he died earlier than the testator by right of representation. A kind of replacement is being made.
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 would be legally due to him. This applies equally to a child in a line called for inheritance, and one who has become an heir by right of representation.
The law obliges notaries to notify guardianship authorities about child heirs.
If for some reason the children do not have a legal representative, the guardianship authorities will appoint him to deal with the protection of the interests of the child. The execution of documents for the inheritance of an apartment is also the responsibility 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 reducing property and other rights of a child. In fact, denial by legal representatives of his rights is impossible. And without the consent of the guardianship authorities, he is not accepted. In addition, the refusal of a mandatory share in the inheritance is prohibited.
In whose favor is denial permitted
Recently, the law almost does not limit those in whose favor the refusal is allowed (Article 1158 of the Civil Code of the Russian Federation). Does, for example, matter, the line of heirs by law?
No, a refusal in favor of any heir is permitted both by law and by will, regardless of the degree of relationship, or whether a person has been brought into the inheritance on the basis of representation or by virtue 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 queues of heirs under the law, is not indicated in the will, cannot be a substitute for a refused person. Those. transfer your right is permitted only to a potential assignee under the law or testament.
However, there are several limitations when failure is not possible:
- the property is fully distributed by will;
- acquisition of a required share.
The testator has the right to choose one or all heirs of the replacement in case they refuse, or they will be removed from the receipt of property legally, or they will die. Only refusal is allowed, because replacement for this case is already provided.
Is a partial rejection accepted
Legislation forces us to make an unambiguous choice - whether to accept the inheritance or not. Waiver of part of the inheritance is not permitted. Along with this, there is one provision to circumvent the ban.
You can acquire the inheritance by law or by will or be involved in the transmission. The right is given to choose the acquisition of property on one or several grounds at the same time.
For example, the heir has the right to receive a share in the apartment by law and a car by testament, due to the fact that before his death, the property owner did not have time to decide who will get the property. The choice remains: 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 processing documents for entering into an inheritance for an apartment is quite complicated.
Thus, it is still possible to take the most acceptable share.
Ways to refuse
Documents for the refusal of an inheritance can be executed in person or through a representative who is accepted exclusively with a notarized power of attorney. It expressly indicates the right to refuse the inheritance inherited from a particular person. If the refusal is made out 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 refusing the inheritance are sent directly to the notary who opened the inheritance file. You can draw up a power of attorney and mail it to the selected representative.
How to write a statement
The application is a standard document:
- office number or name of the notary;
- Name of applicant, place of residence;
- document's name;
- directly the refusal of the share due after (name of the deceased), the degree of relationship;
- date, signature.
A notarial refusal of an inheritance shall be certified by a notary, his signature and seal and put into the file.
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 in court.
To certify a statement by a notary, you must have a passport, a death certificate of the testator and a document confirming kinship, or a will.
Failure through court
A person who does not want to become an heir may miss the deadline for writing an application. The result may be the acquisition of unwanted property against their will. And lenders can turn their attention to it, which only hurts other acquirers.
Legislation and jurisprudence provide for the right to sue for recognition as a person who has not accepted the inheritance.
What are claims usually based on:
- actions allowing to speak about the acceptance of the inheritance were committed after the expiration of a 6-month period;
- service and care were carried out on behalf of other heirs.
So, 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.