Application of an heir to renounce inheritance in favor of another heir

Declaration of renunciation of inheritance. The heir has the right to refuse the inheritance in favor of other persons (Article 1158 of the Civil Code of the Russian Federation) or without specifying the persons in whose favor he refuses the inherited property. When inheriting escheated property, refusal of inheritance is not allowed.

The heir has the right to refuse the inheritance within the period established for accepting the inheritance (Article 1154 of the Civil Code of the Russian Federation), including in the case when he has already accepted the inheritance. If the heir has committed actions indicating the actual acceptance of the inheritance (clause 2 of Article 1153 of the Civil Code of the Russian Federation), the court may, at the request of this heir, recognize him as having renounced the inheritance even after the expiration of the established period, if it finds the reasons for missing the deadline valid.

The renunciation of inheritance cannot be subsequently changed or taken back.

Refusal of inheritance in cases where the heir is a minor, incapacitated or partially capable citizen is permitted with the prior permission of the guardianship and trusteeship authority.

Non-acceptance of inheritance: sample application for refusal to enter

Refusal in favor of other persons is not permitted when:

• According to the will, all the property of the testator is distributed among the heirs.
• when the will appoints another heir in case of refusal.
• as part of the exercise of the right to an obligatory share in the inheritance.
• third parties are not heirs of any line, regardless of the circumstances, whether it is called for inheritance or not.

If the heir does not accept the inheritance or refuses the inheritance without indicating that he is refusing in favor of another heir, his part of the inheritance passes to the heirs by law called to inherit, in proportion to their shares. If all the property was bequeathed to the heirs appointed by the testator, this part passes to the remaining heirs under the will in proportion to their shares, unless the will provides for a different distribution.

Refusal of inheritance means that the heir will not be liable for the debts of the testator and does not have the right to claim inherited property, including deposits, property rights, etc.

We told you how to refuse an inheritance, a sample application for which we provided, and each heir must make a decision independently.

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Acceptance of an inheritance does not fall into the category of unconditional requirements of the legislator. The heirs may refuse the allotted share of the property in full or in the interests of another applicant. In addition, it is not necessary to indicate the reasons for such a decision. However, in order to transfer your part of the inheritance to specific recipients, you must renounce it in favor of other persons and submit it to a notary. The document is submitted within 6 months from the date of death of the testator.

The heir may renounce the property due to him by submitting a written statement to a notary or by inaction. If the recipient knew about the death of the owner, but did not apply for acceptance of the inheritance without good reason, then he is considered to have refused.

Even when filing a statement of claim to restore the deadline for entering into inheritance, the court will refuse to satisfy the requirements if the heir did not have a valid reason for missing the deadline (Article 1155 of the Civil Code of the Russian Federation).

In addition, a citizen can refuse by submitting an application to a notary office. A document of this type is not addressed.

Therefore, a notarial refusal without specifying a specific recipient is considered absolute. The property assigned to such an heir is distributed among all applicants in equal parts.

Partial abandonment of property is not provided for by law. A relative can accept all property (apartment or car) or renounce his rights completely.

The possibility of registering a refusal is provided even if the citizen has previously submitted an application to accept the inheritance. The only condition is compliance with the 6-month deadline.

If the recipient has performed actions that indicate actual acceptance of the inheritance, refusal is possible only through a judicial procedure.

The exception is cases when one person can accept property for various reasons. In such a situation, he completely refuses to receive the inheritance on one of the grounds.

Example. Citizen S. was the owner of a one-room apartment, a residential building and a car. His heirs were a daughter from his first marriage, a wife and a son. He executed a will in his daughter’s name, assigning her an apartment. In accordance with the law, the girl had the right to additionally inherit the remaining property and demand a 1/3 share. However, she issued a simple refusal of inheritance by law and accepted her father’s property under the will.

The law does not provide for a specific form of waiver in favor of other persons. Therefore, the heir can write a statement in any form.

The application form must contain the following information:

• the name of the notary office where the application is submitted;
• Full name of the applicant;
• heir's residential address;
• the essence of the request;
• degree of relationship;
• data of the citizen who receives the refusenik’s share;
• date, signature.

Interested parties must have the following documents with them:

• civil passports of the person who renounced the inheritance and the recipient of a share of the property;
• death certificate of the testator (if it is not in the case file);
• documents confirming relationship with the deceased citizen;
• will (if any);
• a certificate of the last place of registration of the deceased;
• documents on the property of the testator;
• additional papers (upon request of the notary).

Sample application for renunciation of inheritance in favor of another heir

Any notarial act is accompanied by the payment of a state fee. To submit a written refusal of inheritance, you must pay 100 rubles. A receipt for payment of the fee is attached to the application. Notary services will cost another 500 rubles.

Additional costs will be required if the citizen actually accepted the inheritance. In this case, the recipient will have to initiate legal proceedings.

Detailed information about the cost of renouncing the property of the deceased can be found in the article: “How much does it cost to renounce an inheritance from a notary.”

Heirs by will or law may refuse the inheritance. Based on this decision, the property is redistributed among the remaining applicants. With the intricacies of the process, namely: who can engage in such a procedure, what is its cost, what documents are needed for registration - read the article “Refusal of inheritance”.

Before contacting a notary, you need to decide whether the refusal will be directed or unconditional. There is a significant difference between them. When registering an unconditional property, the property not accepted will be divided by law among all other heirs, and if it is directed, real estate and material assets will go to the person indicated in the corresponding application.

It is necessary to take care of the paperwork within 6 months after the death of the owner of the valuables.

Depending on the age and legal capacity of the citizen, you can inform about your intention:

• when contacting a notary in person;
• by sending a notarized application by mail;
• by contacting a notary through a representative, while the applicant must have a power of attorney with him;
• through the appeal of guardianship and trusteeship authorities - they are designed to protect the rights of an incapacitated or minor person, and there is no need to issue a power of attorney.

When applying, you must submit an application to renounce the inheritance.

It is important that the decision is informed. The inheritance must be accepted either in full or not at all. Partial adoption is not provided for by law. An exception is the case when the applicant is simultaneously an heir both by law and by will. Then he has the right to enter into inheritance either on all grounds, or on one of them.

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The question is whether the heir can refuse the inheritance if he has actually begun to use it. It is difficult to avoid actual management of property, especially if the person lived together with the testator. Such issues are resolved in court.

Hasty decisions about whether to accept an inheritance or not are not uncommon. It happens that, having refused, a person wants to change everything, finding reserves to pay off the debt of the deceased or when his life situation changes. However, it is extremely difficult to turn around a running process.

The Civil Code of the Russian Federation stipulates the right of a citizen to refuse the inheritance provided to him. This must be done within the time frame allocated for receiving the share. The reasons for refusal are different. Someone does not want to receive an inheritance burdened with debts; someone’s plans include transferring the part due to him to another relative or a claimant from the will. Therefore, today we will tell you about whether you need to write a waiver of inheritance and how to do it.

For the main two types of statements (simply a refusal and in favor of someone), there are developed samples. In other cases, the paper is compiled in accordance with a number of criteria. And below you will find forms and samples of how to correctly write a statement of refusal of inheritance.

To renounce an inheritance after actual acceptance (if the term has not expired) or six months later if the inheritance is not accepted, you need to go to court. Remember, in order to achieve something, you need to have good reasons for missing a deadline.

There is no separate form for submitting an application to the court to renounce an inheritance. Therefore, it must be drawn up according to the general requirements and samples applied to writing a claim for refusal of inheritance. It’s even better if the paper is written by a specialist.

When the deadline for accepting the property is open, it is not difficult to refuse the share. To do this, you need to go to the notary who works in the area where the deceased lives (or where the main part of the inheritance is located) and write a statement to the notary about renunciation of the inheritance.

If relatives who, after the death of a relative, received the right to inherit, do not want to accept the property for various reasons, then they can submit a waiver of their inheritance share. The legislator states in normative legal acts that accepting an inheritance is a person’s right, but not his obligation.

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The heir has the right to refuse the inheritance in favor of other persons from among the heirs by will or heirs by law of any order, regardless of the call to inheritance, who are not deprived of the inheritance (clause 1 of Article 1119 of the Civil Code of the Russian Federation), as well as in favor of those who are called to inherit by right representation (Article 1146 of the Civil Code of the Russian Federation) or in the order of hereditary transmission (Article 1156 of the Civil Code of the Russian Federation).

Who cannot claim a mandatory share by law?

The following citizens cannot be applicants for inheritance of the compulsory part:

• successors 2,3 and the next priority;
• dependents who are in the care of the testator for less than 12 months;
• successors by right of representation in the event that his parent died before the opening of the inheritance case.

Important: The allocation of a mandatory share is carried out only in case of inheritance according to a testamentary document.

Thus, it is not allowed to claim part of the mandatory format in inheritance by law, for the reason that the priority procedure is relevant. This is indicated in the Civil Code of Russia, namely Ch. No. 63 articles No. 1142-1145.

In order to allocate the right, it is not necessary to obtain the consent of other heirs to the property mass of the testator. Also, the joint residence of the successor and the testator is not taken into account, incl. and general housekeeping.

By the way, living with the testator is not the only condition for dependents. This includes a combination of factors such as disability, the deceased being on long-term (more than 1 year) financial support, and the applicant’s lack of another source of income.

Application for renunciation of inheritance in favor of another heir (sample)

The sample application is extremely simple; for clarity, we will give an example.

To the notary's office

Elninsky notary district

Smolensk region

notary Buyanov K.M.

from Eliseev Alexander Andreevich,

394046, Voronezh region, Voronezh,

st. International, 17-83

After the death of a loved one, entry into the ownership rights of the leftover possessions or a share in them is possible on the basis of legal succession or by will. A will is an independent distribution of property acquired during the life of the testator among the circle of his heirs. In its absence, the inherited property will be divided among the recipients on the basis of law.

The main right to inheritance by law belongs to the children, parents and spouses of the testator (Article 1142 of the Civil Code of the Russian Federation).

Various property and some types of personal rights of the deceased can act as inheritance. For example, after death, recipients can enter into inheritance:

• Apartments.
• At home.
• Car.
• Assets (LLC, deposit, securities).

The obligations of the deceased are also inherited. For example, when accepting an inheritance, the receivers must pay off the testator's existing debts.

For various reasons, receivers may not be interested in inheriting. For example, due to a small share or the presence of debts in the inheritance. The law allows the recipient to make a choice: to enter into inheritance or to refuse this opportunity.

There are two types of forms of refusal of inheritance. The first option is absolute non-acceptance of property. The second method involves refusal with the transfer of the right to accept the non-inherited share to another person.

Refusal is possible only in favor of another person who is among the applicants by law or will. It is not allowed to transfer your share to a third party.

If the recipient of the property after the death of the testator does not want to accept the property, then it is necessary to draw up an application for refusal of inheritance. This can be done by contacting the notary office at the place where the inheritance case was opened.

Non-acceptance is a voluntary decision of the applicant, which is not subject to cancellation or imposition of conditions.

When making a decision on non-acceptance of ownership and transfer of a share to another recipient, you need to know about the moments when such a transfer is impossible. Transfer of inheritance rights as a result of refusal is not allowed if:

• According to the will, there is a person who is appointed as the recipient of the property in the event of the refusal of the main claimant.
• As a result of such a decision, the unworthy heir becomes the beneficiary.
• The obligatory share acts as alienable property.

The decision to refuse recipients who belong to the category of minors or incompetent persons has some peculiarities in the design. In such a situation, such a decision on non-acceptance of property after the death of a relative is possible only with the consent of official representatives and guardianship authorities (if a minor child refuses).

You can write a statement of refusal from a notary and do it quite simply. A waiver of inheritance, a sample of which will be presented below, must include the following items:

• Information about the notary and the applicant.
• Information about the testator and rights to inheritance.
• Decision on non-acceptance of property indicating the estate.
• The beneficiary of the non-inherited share (if the refusal is in someone else's favor).
• Date and signature.

1

Someone does not want to receive an inheritance burdened with debts; someone’s plans include transferring the part due to him to another relative or a claimant from the will.

Therefore, today we will tell you about whether you need to write a waiver of inheritance and how to do it.

Document form

The first question that needs to be answered is the form of application for refusal of inheritance. By failing to appear for part of the property due to him, the heir refuses it passively, by default. Or he accepts it (if he continues, for example, to live in a shared apartment with the testator). Such cases are not clear-cut and may be contested.

If you have definitely decided that you don’t need the share, or you want it to go to someone in particular, file a refusal with a lawyer within six months from the date of the death of the testator.

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Thus, the refusal will be registered only if there is a corresponding statement drawn up in writing by the refusing person at the notary, or transferred there, but previously certified. A representative can also draw up an application if the text of the power of attorney clearly states the clause on the possibility of carrying out such actions.

First you need to determine the type of application: will you transfer your share to someone, or will you simply renounce it. What matters here is the nature of the transfer of property. When it comes to legal inheritance, you have the right to give your part to a participant in any queue.

In the case of a will, such a maneuver is not possible, since the transfer can only be carried out within the framework of the text of this document. You can give the share to an equal or alternate heir whose name is indicated by the deceased.

A separate point is the renunciation of the obligatory share. A statement of this type will also have its own nuances. In the event that the refusal was not made on time, the issue is subject to resolution in court, where the corresponding application is sent.

Lawsuit

Making an application yourself is not difficult. The most important question that the successor needs to decide for himself before registration: should he renounce the share in favor of other persons or make an unconditional refusal? The answer to it will determine the content of the application.

The application consists of the following elements:

1. Document header:

• notary details;
• document's name;
• information about the applicant.

1. Main text of the document:

• personal data of the deceased;
• information about the place of stay or residence of the testator;
• degree of family relationship with the deceased;
• date of death of the testator;
• an indication of the relationship with the person to whom the applicant wishes to leave his part of the property (if desired).

1. End of document:

• date of registration;
• signature of the person applying.

• from property inherited under a will, if all the property of the testator is bequeathed to the heirs appointed by him;
• from the obligatory share in the inheritance (Article 1149 of the Civil Code of the Russian Federation);
• if an heir is assigned an heir (Article 1121 of the Civil Code of the Russian Federation).

Refusal of inheritance in favor of persons not specified in paragraph 1 of Article 1158 of the Civil Code of the Russian Federation is not permitted.

Refusal of inheritance with reservations or under conditions is also not allowed.

Refusal of part of the inheritance due to the heir is not allowed. However, if the heir is called to inherit simultaneously on several grounds (by will and by law or by way of hereditary transmission and as a result of the opening of an inheritance, etc.), he has the right to refuse the inheritance due to him on one of these grounds, on several of them, or for all reasons.

Lawsuit

When refusal is not possible

The Civil Code of the Russian Federation provides for cases when a ban is imposed on refusal of inheritance in favor of specified persons. They are specified in Art. 1157, 1158, 1159. In general, such cases can be generalized into 3 groups:

1. The property is escheatable. This is reflected in Art. 1157, 1151 Civil Code of the Russian Federation. If there are no heirs or they did not accept the inheritance, refused it or were found unworthy, the inheritance in the form of a residential premises, land plot or share in common property becomes the property of the state, and the residential premises becomes part of the housing stock for social use.
2. Inheritance is a mandatory share for citizens, the circle of whom is outlined in Art. 1149 and 1158 of the Civil Code of the Russian Federation. They are disabled children, parents and other citizens who have been dependent on the testator for at least 1 year, for whom he was the main source of financial assistance.
3. From property inherited under a will, if all the property of the testator is bequeathed to the heirs appointed by him.

1. Refusal in favor of any of the specified persons, if there is a will and according to it, if the heir refuses the property, it passes to another heir, whose identity is previously established in the will of the deceased (clause 2 of Article 1121 of the Civil Code of the Russian Federation).

If desired, the heir will not be able to renounce part of the inherited property in the inheritance mass, since, according to Art. 1158 of the Civil Code of the Russian Federation, only the entire property can be inherited. For example, if the heir does not want to accept the debts of the deceased, this will mean that he renounces all inherited property.

Rules for drawing up an application for refusal of inheritance

A separate point is the renunciation of the obligatory share. A statement of this type will also have its own nuances. In the event that the refusal was not made on time, the issue is subject to resolution in court, where the corresponding application is sent.

A sample application for renunciation of inheritance in full, without specifying specific persons, looks similar to the example posted above. Only after the date of death of the testator is the application completed.

Refusal of inheritance is possible only in respect of all property. For example, you cannot refuse an apartment with debts, but accept a car. There are exceptions to this case when there are several grounds for inheritance. For example, by law and in the order of hereditary transmission. For each reason, the heir makes an independent decision.

Calculation of the volume of the mandatory part

The Civil Code of Russia (Chapter No. 63) states that the obligatory share in the property estate for the successor cannot be less than 50% of the share that would be due to him as an heir by law in the absence of a will.

When the document of will contains a prescription for some part of the mass, and the other does not appear in the order, then the allocation of the obligatory share will occur from the untested property. If a shortage is identified, the amount will be covered from the bequeathed property.

Let's look at an example: The testator indicated in the document the main successor - a neighbor and a daughter who was under 18 years old. The property will be divided equally between them. There is no other property. However, the testator also has a disabled daughter from his first marriage, who lives with her mother. The deceased had no other relatives.

Acting within the framework of the law, the second daughter can claim the mandatory share of 50% if the testamentary document had not been drawn up. The legislator established the order of successors, and in this case (by law) both daughters are the main heirs.

As a result of the court's consideration of this situation, the disabled daughter receives ¼ of the house, because this is ½ of the inheritance that would have been due to her if the testator had not written the order.

Features of refusal by minors or incompetent citizens

Refusal on behalf of minors or incapacitated citizens is submitted by their legal representatives or guardians, with the prior permission of the district guardianship department at the place of registration of the recipient (Article 1157 of the Civil Code of the Russian Federation).

List of documents for obtaining permission from the district guardianship office

Refusal to receive the property of the deceased in favor of other heirs must be made in writing and certified by a notary. If a citizen cannot sign a document on his own, then a notary certifies the fact of affixing the signature by another person on behalf of the heir.

Important! An application for relinquishment of property is submitted to the notary who opened the inheritance case.

Content

If the heir wishes to transfer his part to a specific person, then it is necessary to write a addressed application. The document clearly states the desire of the copyright holder and the specific person to whom the renounced part of the inheritance is transferred.

Important! Refusal with conditions or reservations is prohibited.

The legislator allows you to formalize a refusal in favor of heirs within one line and citizens called to inherit in the order of presentation/transmission (Article 1158 of the Civil Code of the Russian Federation).

The exception is citizens deprived of the right to inherit. Such persons are prohibited from transferring the relinquished share of property.

It is also not possible to formalize a waiver of the obligatory part of the inheritance, which is assigned under a will to a specific person or if a sub-heir is indicated in the administrative document (Article 1149 of the Civil Code of the Russian Federation).

Is it possible to refuse the obligatory part of the inheritance?

The heir may refuse to accept the part of the inheritance due to him by law. In this case, the division of the entire inheritance is carried out according to the last will of the deceased.

For example, if a person of retirement age is sufficiently wealthy, has his own home and a profitable job, he may not need to receive additional privileges. Although, according to the law, he belongs to the disabled category of citizens who have the right to an obligatory share of property.

At his own request, the testator may waive the right to receive property, but this decision must be final. You should think carefully about everything and weigh the pros and cons, since you will not be able to change your mind.

Applicants under 18 years of age cannot apply for a waiver on their own.

Procedure for renouncing inheritance

An inheritance is not always a welcome gift, so sometimes you have to think about how to write a statement of refusal of inheritance and how to carry out this procedure without violating the law.

Refusal of inheritance is part of inheritance law. If the heir does not want to accept the property bequeathed to him, he has the right to refuse the inheritance.

The refusal will serve as the basis for the redistribution of his part of the property to other heirs who are next in line.

How to file a claim for abandonment of inherited property and what consequences this procedure may lead to will be described below.

It would seem that receiving property bequeathed by a relative should please the heir, but there are situations when this prospect does not suit him at all. There can be many reasons for this.

For example, the bequeathed property is of no interest to the heir; its value can only cover the debts left by the testator, or the citizen wants the bequeathed apartment, car or other property to be given in favor of another heir.

You can refuse an inheritance within 6 months after its opening - the death of a citizen or the entry into force of a court decision declaring him dead. Special deadlines apply:

• when the right of inheritance arose only due to the fact that the heir did not accept the inheritance. There are 3 months after the end of the 6 month period
• when the right to inherit arises due to the refusal of the heir, his removal. There are 6 months from the date of refusal of the previous heir
• in the order of hereditary transmission during the period of such transfer of rights, which we described in detail in the corresponding article.

The algorithm for refusing inheritance is as follows:

• a statement is drawn up. It can indicate specific persons from among the heirs by will or by law of any order, hereditary transmission or heirs by right of representation. Such heirs should not be considered unworthy or deprived of inheritance. Or you can refuse without specifying specific persons, then the property due will be divided among the remaining heirs in proportion to their shares.

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It is impossible to refuse an inheritance in favor of third parties who are not the heirs of the given testator; it is not allowed to refuse a part of the inheritance due or under conditions or reservations (for example, by fixing the obligation to take some kind of reciprocal action, for example, to allocate a share in an apartment).

– an application for refusal of inheritance is submitted to the notary at the place of opening of the inheritance (or to the official authorized to issue certificates of the right to inheritance). It is submitted in person upon presentation of an identification document (passport of the Russian Federation or a foreign country), sent by mail (the signature on the application must be certified by any notary), through a representative (the power of attorney must reflect the right to refuse inheritance).

How to refuse an obligatory share in an inheritance

If for some reason you decide to refuse what is owed to you by law, you need to fill out a written statement and take it to the notary who is in charge of the relevant inheritance case. Thus, you will lose all your rights to receive a mandatory share of the inheritance property.

Step 1. Applying to court to waive the obligatory share of the inheritance

You should visit a notary at the place where the inheritance was opened, that is, at the place of residence of the testator, and if it is unknown or located outside of Russia, at the location of the real estate or the most valuable part of the property mass.

Step 2. Submitting an application for renunciation of inheritance

The document is drawn up in any form, but must contain information:

• Full name of the heir, testator;
• Title of the document;
• expression of desire to renounce inherited property;
• document submission date;
• applicant's signature;
• notary certification.

Sample application for renunciation of inherited property:

The following documents are submitted along with the application:

• passport of the applicant for the obligatory share;
• death certificate of the property owner;
• documents confirming the applicant's right to inherit (will, evidence of family ties, cohabitation) and information confirming the right to acquire a compulsory share;
• when a minor applies - permission from the guardianship authorities.

In each specific case, the list of documents can be expanded at the request of the notary.

Deadlines

It is important to distinguish between the concepts of “refusal” and failure to appear before the notary. If the potential successor of the obligatory part does not formalize the refusal, but begins to use part of the property, he automatically becomes the “actual” heir.

If the deadline is missed, it can be restored by providing convincing evidence to the court of the reason for the missed deadline.

Price

To certify the authenticity of a signature on a document form, you will have to pay 100 rubles. and 200 rub. for certification of a power of attorney if the heir cannot contact the notary in person. In cases where legal advice or assistance in filling out an application is required, the citizen must additionally pay an amount of up to 500 rubles.

Nuances

The refusal cannot be partial and applies to all property that the citizen can claim. Refusal of the obligatory share of the inheritance can only be done unconditionally, thus increasing the property share of other heirs.

As for a minor heir, the refusal procedure becomes much more complicated for him. Theoretically, such a possibility exists, but for this you need to obtain permission from the guardianship authorities.

At the same time, it is necessary to convince them that such actions will not worsen the child’s financial situation and will not in any way infringe on his rights. The process of abandoning real estate is particularly labor-intensive.

The difference between refusal and non-acceptance of inheritance

You can renounce the inheritance in favor of another applicant to whom the person wishes to transfer his share, or make an unconditional refusal - in this case, his share is divided among other successors. Such will of the person submitting the refusal must be stated in the application.

An heir cannot always transfer his own share to another successor.

It will not be possible to refuse in favor of unworthy heirs who are deprived of the opportunity to accept the inheritance by the will of the testator or in accordance with a court decision.

After opening an inheritance, the law gives the heirs 6 months to accept the inheritance or refuse it. Not accepting an inheritance for a person means that he does not have any rights to the property. If the reasons why this happened are valid, you can begin to restore the deadline for accepting the inheritance.

Refusal of inheritance is a one-sided transaction. It may be declared invalid or may be carried out in favor of a certain person or persons. A renunciation of an inheritance cannot be taken back, nor can it be changed. Moreover, such a procedure is permissible even after the acceptance of the inheritance, but before the expiration of the period provided for the exercise of such a right. Or by a court decision when filing a claim and the court recognizes that the reasons for missing the deadline are valid (only the actual acceptance of the property).

Time to write a waiver

The right to write a waiver of a share in an inheritance is regulated by the Civil Code of Russia in Article No. 1157. Such a statement can be written only after the inheritance case has been initiated by a notary representative, i.e. after the death of a person or by a court verdict. The period allotted for this is 6 months, i.e. during the period of entry into inheritance rights.

If the property is not accepted from the testator, it passes to the rights of another legal successor, but only to the one who appears in the testamentary document or is a successor in turn.

If there is a current will, then the notary employee invites the relatives of the deceased, indicated in the document of the last will or those on the waiting list, to acquire legal rights.

Nuances and consequences

A person who has received the rights to an additional share in the property of the deceased, through the refusal of another heir in his favor, formalizes the inheritance in the general manner.

The citizen who issued the refusal. Cannot withdraw the application after it has been accepted by the notary. Therefore, when registering a refusal, it is advisable to weigh the decision made.

Important! You can challenge the refusal in court. However, the citizen must prove that the document was drawn up under pressure from third parties.

Analysis of inheritance law shows that refusal of inheritance has many nuances. Ignoring the law or an incorrectly drawn up application can significantly change the targeting and shares of inheritance recipients. Timely consultation with a specialized lawyer can help you avoid irreparable mistakes. This opportunity is presented on the website.

You can get a free consultation on such issues as whether it is possible to renounce part of the property, whether it is necessary to write a statement, what to do if relatives lived together, or who is allowed to transfer their share of the inheritance. Contacting a lawyer in a timely manner will clarify your situation and help you make the right decision. If the situation is extremely complex and requires third-party intervention, then a lawyer will help prepare the necessary papers for the court.

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• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

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When refusing an inheritance, you should remember that it is impossible to cancel a voluntary refusal and return the share left to other heirs.

If the refusal is made on property inherited by a child or a person who is unable to manage his actions due to physical or mental illness, then permission from government agencies will be required, which will confirm that the guardian or trustee by filing an application does not infringe on the legitimate interests of the successors.

Refusal is possible only from the entire due share; you cannot accept one part of the inheritance and renounce the other.

However, there is an exception: the successor can accept part of the inheritance by law and renounce the share provided for by the will (or vice versa).

If a refusal is made in favor of another person, then the new applicant specified in the application also receives the right to refuse and can apply to a notary with it.

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Consequences of failure

From the moment the application for refusal is submitted, the citizen loses the right to property. You cannot withdraw your application.

In case of default, the heir has the opportunity to change his mind. But if you miss the deadline for entering into an inheritance, it will have to be restored in court.

To restore the deadline and receive the obligatory share, the citizen must prove that he could not contact a notary for 6 months for a good reason.

For example, he did not know about the death of the testator.

Sample documents

Lawsuit

The application does not have a mandatory form, but must contain the following information:

1. In the upper right part of the sheet - the full name of the notary and the address of the notary's office, the full name and contact information of the heir, the authorized representative.
2. Indication of the date of death of the testator with reference to the death certificate; information on the basis of which a person claimed property (by law or will); an expression of reluctance to accept an inheritance.
3. List of documents offered for the application. As a rule, this is a copy of the death certificate, proof of relationship, power of attorney (if necessary).
4. Date and signature.

During the process of distributing the property of the deceased, the heir may wish to transfer his share in favor of another on his own initiative or agreement.

A waiver in favor of other persons is drawn up taking into account a number of rules. An heir who does not want to inherit property chooses the person to whom his share will be transferred. The choice is made only from the circle of heirs by law, will, inheritors by transmission or by right of representation. You cannot transfer your share to relatives or other applicants who have been found unworthy in court. It is also impossible to transfer a testamentary refusal, since this type of obligation is of a personal nature of the relationship with the deceased.

1. Document header:

1. End of document:

Documentation

To issue a written refusal, the assignee must submit to the notary:

• passport;
• evidence that the applicant has the right to an obligatory share (birth certificate, marriage certificate);
• will;
• receipt for payment of state fees, legal and technical services.

At the time of contacting the notary’s office, the inheritance case must already be open, so there is no need to submit documents to open it.