Denial of inheritance and its types
The legacy does not always benefitheirs. Sometimes due to his sharing, the relationship of family members may deteriorate, and someone simply does not need an inheritance. In such cases, the easiest way out of the current situation is to renounce the inheritance.
Notary practice has three types of similar failures:
- refusal in favor of one or several heirs;
- simple (unconditional) refusal;
- "silent" refusal.
Acceptance and waiver of inheritance, exceptsilent refusal, is issued at any notary public and private (under condition of presence at it the permission to conduct hereditary affairs). If such a document is made in a notary's office or at a private notary where a hereditary matter is entered, then it is registered in a simple form and attached to the hereditary case.
If, for some objective reason,it is not possible to fix a refusal in a notary's office where a hereditary matter is entered into, then it is registered in any notary's office by affixing a certifying inscription on such a document. The refusal denied by the notary is sent to the place where the hereditary case was opened.
"Silent" refusal implies non-return tonotary for the establishment of the hereditary case. This option is possible only if the heir does not live or is not registered at the place of residence of the deceased, and he actually did not accept the inheritance.
With regard to the refusal of hereditary property, the legislator establishes restrictions: one can not refuse part of the inheritance property or refuse the condition.
When registering a rejection of an inheritedproperty, an essential condition is the indication or non-indication of the heir in whose favor a waiver is made, as this may affect the distribution of the interests in the property.
So, for example, the heirs of the deceased are twoson and daughter. The daughter does not plan to take property and draws up a waiver of the share of the inheritance. If a daughter makes a refusal in favor of one of the brothers, then her share will be added to his share, and one brother will inherit 1/3 of the property, and the second, in whose favor they refused, ½. If the daughter signs the refusal without specifying the heirs (unconditional refusal), then her share will be distributed equally among the brothers and each will receive a ½ share.
The legislation provides for the waiver ofinheritance on both grounds: by law and by testament. And one does not exclude the other. So, if the heir renounces the inheritance under the will, then he can inherit all property on general grounds by law along with other heirs. If such an heir formalizes the refusal of inheritance under the law, then he will inherit only the bequeathed property to him.
Accept the inheritance or refuse it can benot later than six months from the date of death of the testator. It should be remembered that if the application for acceptance and extradition of the inheritance can be canceled at any time and taken back, then the renunciation of the inheritance can not be taken back or annulled.
There are situations when hereditaryproperty passes into the ownership of heirs automatically (actual acceptance), even without resorting to a notary for the establishment of an inheritance case. And if you do not file an application within six months, then you can refuse such an inheritance only in court, for which you will have to prove the valid reasons for missing the half-year term.
There are cases, though rarely enough, whenAll inheritors refuse to inherit or none at all. Then the destiny of the property is decided by the state, or rather, by the administrative-territorial unit, recognizing such property as escheated.