How to prove that an heir is unworthy: grounds and procedure - Article 1117 of the Civil Code of the Russian Federation

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When inheriting the property of a deceased person, disputes often arise. The testator's relatives are often dissatisfied with the size of the share assigned to him, challenge the will or try to restore the deadlines for taking over the rights. More and more legal disputes are associated with the recognition of heirs as unworthy. Of course, just a statement is not enough - you need evidence, and strong evidence at that!

Is it possible and how to recognize an heir as unworthy? The process is not easy, so we will look at all the reasons and nuances so that you have an idea of ​​​​the progress of the case. Well, if you have any questions, you can ask our lawyers.

Who is the unworthy heir?

Many people have probably heard the concept of “unworthy heir.” However, few people know what it means and who it applies to? The legislator devotes an entire article to the term - 1117 of the Civil Code of the Russian Federation, which answers many questions.

An unworthy heir is a citizen who has committed illegal actions against the testator. The goal could be to increase one's own share of the inheritance. Moreover, illegal actions can be committed not only by the main contender, but also by third parties at his request.

Suppose the heir was found unworthy. What consequences does this status entail? Heirs who are found unworthy lose the right to the property of the deceased . It happens that the applicant is deprived of the right, being in the first category of relationship. There are cases where children, parents and spouses were recognized as unworthy heirs.

The fact of unworthiness is confirmed exclusively through the court. Suspicions of relatives or assumptions of heirs do not deprive the applicant of his legal rights. For example, if the heir did not participate in paying utility bills, but later claimed rights to the inheritance, he will most likely receive the inheritance. There can be no talk of any “unworthy” status.

Protection of the rights of the heir

In some cases, the heir is forced to protect himself from attempts to exclude him from the inheritance.

If the grounds for removal no longer exist (the testator has forgiven the relative or the parent has regained his rights), then the notary in charge of the case must be informed about these facts. Otherwise, to renew your rights, you will have to challenge the notary’s decision in court.

If a person has been excluded from a share in the will, then the document can be declared invalid in court. The citizen will have to prove that he was deprived of the right to inherit by fraud, manipulating the feelings and emotions of the testator in favor of other people.

To protect his name and rights, the heir must adhere to several rules:

1. You cannot succumb to provocations from conflicting relatives.
2. Avoid disputes, quarrels and conflicts with co-heirs.
3. Do not collude against co-heirs.
4. Do not falsify documents.
5. Do not form coalitions with some relatives in order to deprive others of the right of inheritance.
6. You cannot attempt to dispose of the property of the deceased before the due time.
7. Do not skip court proceedings and take the claim for deprivation of inheritance rights seriously, even if the grounds are false.
8. Keep in touch with the notary, find out about the progress of the case.

Recovery procedure

Restoring the rights of unworthy heirs is common in judicial practice, and there are often cases when the successor is again recognized as full-fledged. In this case, a repeated will is drawn up indicating this person as the heir. This document is legally binding. A repeated will can be challenged in court if the “forgiven” heir again commits illegal actions against the testator.

Grounds for recognizing an heir as dishonest and unworthy

To initiate a court hearing, compelling reasons are required - we remind you that they are listed in Art. 1117 of the Civil Code of the Russian Federation.

Let's look at them in order:

1. Unlawful actions towards a deceased citizen

This includes persons who committed unlawful acts against a deceased citizen. For example, forgery/destruction of a will, forcing the testator to draw up a document in his name, or murder (due to jealousy).

The main goal is to increase the share of the inheritance. The heirs themselves could make attempts to instill their desires in the testator or persuade other applicants. However, regardless of what actions the unworthy heirs committed, these facts must be proven in court. Mere assumptions from the relatives of the deceased person are not enough.

Read, is it possible and how to invalidate a will?

1. Evasion of obligations to support the testator

It is important to note that the obligation to support the deceased arises for a reason. There must be a logical explanation for this, namely a court decision. A striking example is the obligation to pay alimony for a child or disabled persons (Article 80 and Article 88 of the RF IC). For example, the father did not pay child support, as a result of which the child did not receive the necessary help. Debt for alimony is direct evidence not in favor of the unfortunate alimony payer.

1. Deprivation of parental rights

It occurs quite often, not only in relation to fathers, but also mothers. However, if the reasons that formed the basis of the court decision no longer exist, such persons may apply to the court with a request to restore parental rights. If the court grants the request of the mother or father, their rights are subject to restoration. Further inheritance of parents/children's assets will occur in accordance with the general procedure.

Drawing up a claim to declare an heir unworthy

According to the Civil Code of the Russian Federation and the norms of inheritance law, any persons whose interests were affected by the actions of one of the heirs can go to court against him with demands to deprive the heir of the right to inherit and declare him unworthy. Its preparation and execution must fully comply with established standards, otherwise the document will not be accepted for consideration.

The unlawful actions of one of the heirs can be challenged by another heir or other relatives whose share is contained in the inherited property, for example, children, a spouse, etc.

Filing a claim against an unworthy heir involves including the following information: full name and date of death of the testator, contact details of the plaintiff and defendant, reasons why the person should be deprived of inheritance rights. The unlawful actions of the defendant that were directed against the testator, if any, must be listed here, as well as other important points that belong to the evidence.

If necessary, the claim should always include circumstances that are important and can affect the final outcome of the case.

Common Misconceptions

The lack of legal education often leads to various kinds of misconceptions related to the lifestyle of the heirs. Below are some of them:

How can one be disinherited?

The law provides only two ways to remove someone from the procedure: a direct indication in the will or a judicial act. However, in practice, alternative methods are also widely used.

The algorithm looks like this:

Alternative methods are also used in practice. Thus, the court may exclude the spouse from the list of heirs. This happens when relatives raise the question of the fictitiousness or invalidity of the marriage. The arguments for disinheritance are:

• actual loss of legal capacity by the deceased at the time of the wedding;
• mental illness, lack of understanding by the deceased of the meaning of the actions performed;
• the use of threats and violence against the testator for the purpose of marriage;
• close relationship of the spouses.

If the claims are satisfied, the widow or widower loses the right to a share in the property. Achieving a positive decision is not easy. Even incorrect wording of requirements can lead to refusal (decision of the Primorsky Regional Court on dispute No. 33-10896 of October 17, 2016). In a similar manner, other forms of kinship can be challenged - paternity, maternity, blood ties between brothers, sisters, grandparents, grandchildren and granddaughters.

An effective way to exclude citizens from heirs is to appeal a will. The reasons include violation of identification rules, errors and inaccuracies in the text, evidence of coercion of the deceased to sign a document.

How to prove that the heir is unworthy?

Such facts are established in court - the notary is not authorized to recognize the heir as unworthy. Interested parties need to prepare a corresponding application. Written evidence of the stated requirements will also be required. Failure to provide proper documents will result in the claim being denied.

Please note that the claim is filed only after the death of the testator. The plaintiff may be a group of heirs or individual representatives (dependents). For example, if their rights to receive a mandatory share in the property of the deceased are infringed.

Procedure and procedure

The plaintiff needs:

1. Preparing documents is the main focus on the evidence base.
2. Draw up and file a claim in court.
3. Wait until the court hearing begins.
4. Provide all available evidence - they will be discussed below.
5. Justify your claims in court.
6. Wait for a court decision.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

If the court satisfies the requirements, the plaintiff heir turns to the notary who opened the inheritance case. The court decision serves as the basis for canceling a previously issued certificate of inheritance. The notary also revokes the documents of the remaining heirs - the inheritance rights are re-registered. The property is divided among bona fide claimants, and the withdrawing participant does not participate in the division of property.

Claim to declare an heir unworthy

The form of the statement of claim is noted in Art. 131 Code of Civil Procedure of the Russian Federation.

The document must contain:

• the name of the court in which the claim is filed;
• information about the applicant (full name, actual residential address);
• similar information about the defendant;
• cost of the claim - the entire amount of the claims;
• document's name;
• circumstances of the case (when the testator died, date of opening of the inheritance, number of applicants, grounds for recognition as unworthy);
• final requirements;
• list of attached papers.

The key document when filing a claim is a receipt for payment of the state duty. Its absence will lead to the court leaving the application without progress and giving a deadline to eliminate the shortcomings. If the plaintiff wishes to make motions, they can be filed during the trial.

Below is a sample claim:

It is better to entrust the preparation of such documents to experienced lawyers. This will avoid multiple clarification of claims and take into account the key factors that the court relies on when making a decision.

Required documents

Standard package of documents for a claim:

• The plaintiff’s identity card is a Russian passport;
• death certificate of the testator - issued by the registry office or kept by other heirs (see “How to restore a death certificate?”);
• papers confirming relationship with a deceased citizen - birth certificate, marriage certificate, adoption certificate;
• documents of title to the assets of the testator - for example, an agreement on privatization, sale and purchase, exchange;
• written evidence of the defendant committing unlawful acts (see below).

If the plaintiff wishes to invite witnesses, a separate statement must be prepared. You will also need to scan a package of documents for citizens summoned to court.

Evidence of illegal activities

The basis of any claim is evidence. Therefore, care must be taken to prepare adequate evidence that will allow the court to make a decision.

When filing a claim to declare an applicant unworthy, you can use:

• a court decision on alimony (for example, the father did not pay child support, the mother went to court and received a writ of execution for alimony);
• a certificate from the FSSP about the presence of an outstanding alimony debt or the search for a defaulter (for example, the child’s father did not pay alimony, changed his place of residence, did not work anywhere, tried to go abroad without court permission);
• court verdict against alimony defaulter;
• a court verdict in a case of causing grievous bodily harm or murder of the testator (the commission of a crime is a clear reason to deprive the heir of the rights to the property of the deceased);
• court decision to invalidate the will (for example, the grandmother made the will under threats and blackmail from her grandson).

Witness testimony can also be used. For example, if there are persons who can confirm the fact that the applicant persuaded them to give up their share of the inheritance in order to increase his part of the property.

State duty, expenses

The amount of state duty is determined by the Tax Code. When filing a claim of a non-property nature, you need to pay 300 rubles.

Groups

There are several types of unworthy heirs, and according to the type of their behavior towards the deceased and co-heirs, these people can be divided into groups.

Unlawful trespass

This group of persons undertakes illegal acts against other co-heirs in order to increase their own share.

These include:

1. Claimants who, through their own actions, tried to illegally increase the share of the inheritance, causing damage to the interests of other persons. For example, during a dispute, acting on sudden intent, a son kills his brother, while remaining a contender for the inheritance left by their parent. At the end of the investigation, the killer is sentenced and found unworthy of the property left behind. In the future, the inheritance left by the deceased father, according to the will and in the manner prescribed by law, remains to other claimants.
2. A successor who deliberately infringes on the legal rights of other heirs claiming rights to receive an inheritance share. The unworthy person commits unlawful actions, persuading the deceased to recognize a larger part of the property for him or even to exclude other claimants from the will. A person achieves these goals by disparaging the dignity of other successors through slander, manipulation of the trust and feelings of the testator.
3. A potential heir who deliberately destroyed or concealed a testamentary document in order to increase his share or exclude other persons from participating in the process of inheriting property values.

Unscrupulous parents

A parent who is officially deprived of rights in relation to his child, who is the owner of inherited property, cannot be a contender in the succession procedure. The basis for deprivation is the parent’s failure to fulfill the duties of raising and maintaining the child: failure to pay alimony (only if there is a court decision to collect it). In the absence of documented evidence of parental evasion of responsibilities towards the child, the issue is considered in court.

Those who evade the maintenance of the testator

Successors who deliberately evade fulfillment of the terms of the will. This includes improper lifetime maintenance of the owner of property assets, specified in the contract. If the applicant did not contact the deceased during the period when he needed care and financial assistance, and did not maintain contact, then he may be found in bad faith in court and deprived of legal succession.

Rights deprived by the court

During his lifetime, the testator himself may receive a court decision declaring the successor unworthy. After his death, this right is assigned to any of the heirs.

The category of citizens deprived of the right to inherit by a court decision includes:

• relatives of the deceased who evaded his maintenance, care and material support;
• persons who have committed deliberate illegal actions against a relative transferring property.

The law does not say exactly what crimes can lead to the deprivation of the applicant’s rights, but it clarifies that this is intentional harm to health and even an attempt on the life of the property owner. In the process of proving a successor's guilt, the motives and consequences of his actions are not taken into account. To make a decision, the very fact of his unlawful act is sufficient.

Consequences of declaring an applicant unworthy

If, following a court hearing, the court satisfies the claims, the heir will become unworthy and lose the right to the property of the deceased. The returned property is distributed among the remaining heirs.

What to do if a person has already entered into rights? The property he received must be returned . If the heir cannot return it in full, he will have to compensate the other heirs for the value of the assets.

The price of the inheritance is determined on the date of its acceptance - the cadastral, market or inventory value is taken as the basis. Notaries and courts request an up-to-date assessment, i.e. archived data will not work. Read more about this in the article “Valuation of property upon entry into inheritance.”

Can the descendants of an heir who has lost the right of inheritance inherit assets by way of representation? No, because the legislator deprived them of such an opportunity (clause 2 of Article 1146 of the Civil Code of the Russian Federation).

Example. The plaintiff filed an application to declare the heir unworthy. At the same time, a claim was made for the recovery of unjust enrichment. The essence of the dispute is that after the death of the grandparents, an inheritance was opened, which was accepted by the plaintiff’s father. Soon the man moved into the house with his family, including the plaintiff. Later, the marriage broke up: the plaintiff left home with his mother, and some time later his father died. On the day of his death, the plaintiff was a minor - therefore, he could not inherit on his own. The testator's half-sister took advantage of this. She filed a claim to extend the deadline for taking over her grandparents' property. The woman indicated in the statement that there are no other heirs besides her. She also hid the fact that her brother actually accepted his parents' inheritance. The plaintiff considers the actions of the heir illegal and such that they led to the illegal enrichment of the defendant. The court partially satisfied the claims and recovered from the defendant an amount commensurate with the share of the inheritance that was due to the plaintiff (Decision of the Dorogobuzh District Court of the Smolensk Region dated October 18, 2017, case No. 2-294/2017).

Grounds and reasons

The grounds for recognizing a person as an unworthy heir are:

• the person’s actions are classified as illegal;
• there is direct intent in the actions of the heir;
• the person's guilt has been proven.

An unworthy heir is a person who:

• Uses illegal methods to increase his share of the inheritance at the expense of other claimants.
• Hides testamentary documents to obtain all inheritance.
• Lost the right to raise a child. In this case, such parents have no right to the inheritance of their children.
• They do not comply with the terms of the lifelong maintenance agreement for the testator.
• Deprivation of life of the testator.
• He has no right to property, since he was excluded from inheritance by the testator himself.

These are the main reasons why a person may be recognized as an unscrupulous successor.

The procedure for distributing the assets of an unworthy heir

The property that was awarded to the unworthy applicant is divided equally among the other applicants. Consequently, the share of property of each heir increases in proportion to the added share. As we found out above, the basis is a court decision.

The document must be presented to a notary. Moreover, it is not necessary for a court decision to declare the applicant unworthy. A decision made on the basis of the first two paragraphs of Art. is sufficient. 1117 of the Civil Code of the Russian Federation: crime against the testator or non-payment of alimony and deprivation of parental rights.

How to divide the inheritance after establishing the fact?

Based on a court decision, the estate must be divided among the remaining persons.

But here it is necessary to take into account the presence or absence of a will.

If there is a will

So, the testator left a will:

• In favor of a person found unworthy. The document becomes invalid, and the inheritance is transferred in order of priority.
• All property is in favor of several persons. The property that was supposed to pass to an unworthy successor is divided equally among the other heirs.
• A specific item has been bequeathed to several people. Most often it is sold, and the money is divided among other persons.

In its absence

Here, much depends on the order in which the unworthy heir receives the inheritance:

• If he was the only representative of his line , then after his exclusion from the list, representatives of the next line can claim the inheritance.
• In the case where there are several representatives of one line , then if an unworthy successor is excluded, his property is divided among those remaining.

Protection of the successor and restoration of rights

Often, heirs try to enrich themselves by recognizing one of them as unworthy.

Therefore, you should adhere to the following rules:

1. Don't give in to provocations. Any proposals for substitution of documents or conspiracies against other successors must be ignored.
2. Do not dispose of property before it is authorized.
3. Do not skip court proceedings and defend your point of view.
4. Do not ignore the possibility of constant communication with the notary who is handling the inheritance matter.

It happens that the reasons for recognizing a successor as unworthy lose their force. For example, parents restore their rights in relation to their children. You must notify the notary about this.

In what cases can a refusal of inheritance be issued? How to divide a loan during a divorce? Find out here.

Where can I appraise a car for inheritance? Read in this article.

Arbitrage practice

Quite often, courts reject the claims of heirs. The main reason is the lack of proper evidence. However, there is also good practice on this issue. Let's consider several situations.

Example. The plaintiff applied to the court with a request to include ½ of the house in the estate. It was also announced that the applicant was recognized as unworthy. The woman alleged that her mother married the defendant. They bought a residential building with common money. The mother later died from the injuries inflicted on her. The culprit of the crime was the defendant, which is confirmed by the verdict of the Sakmarsky District Court. According to the woman, the defendant is an unworthy heir. Consequently, she is the only claimant to her mother's property. The woman submitted her application for acceptance of the inheritance in a timely manner. However, she cannot conduct an inventory of the living quarters because the defendant is serving time in prison. The stated requirements are satisfied in full. (Decision of the Sakmara District Court dated April 10, 2012, case No. 2(2)-180/2012).

The basis of the judicial act was a previously passed sentence in a criminal case. It clearly shows that the inheritance was opened due to the unlawful actions of the defendant. Therefore, the court declared him an unworthy applicant.

Example. The plaintiff asked to recognize the defendant (heir) as unworthy. The man claimed that his brother illegally took possession of the joint housing that belonged to their family. And later, the defendant somehow convinced their mother to make a will for herself. The defendant filed a counterclaim - his claims were similar. The key role was played by the court decision, which declared the order invalid. There was also evidence in the case that one of the applicants abandoned the property in favor of the defendant. These actions led to a decrease in part of the plaintiff’s inheritance. The stated demands were satisfied (Decision of the Caspian City Court dated May 22, 2012).

Consequences

If a person is recognized as an unscrupulous heir, then he loses his rights to:

• inheritance by law and by will;
• receiving a mandatory share;
• testamentary refusal;
• receiving the share of other heirs as a result of their refusal.

If the testator has no successors other than the one deemed unworthy, his property is transferred to the municipality.

For the successor

The consequences for the person depend on whether he managed to accept the inheritance or not.

If the notary has not yet closed the case, then the person is simply excluded from the list, and his part of the property is divided among the remaining successors. If the heir has already managed to dispose of the received property, then he is obliged to return it in full.

When it is not possible to return it, the person is obliged to pay compensation. The method of returning property is determined by the court.

For other persons

A person recognized as an unworthy successor may have heirs. In the event of the death of the first, the court decision also affects them.

If the heir dies before accepting the property, then this right passes to his successors, as does the status of the unworthy. That is, children do not have the right to claim an inheritance if the father was recognized as an unworthy heir.

Those persons who managed to receive it from an unscrupulous successor are also obliged to return the inheritance.

The court most often determines such re-inheritance as illegal.

Those who received property from a person as a gift must also give back property. Moreover, timing does not play any role here.

Restoring the rights of unworthy heirs

What to do if you are recognized as an unworthy heir? Is there really nothing we can do and will we have to accept the situation?

Restoration of lost rights occurs through the courts. For example, if a citizen has been deprived of parental rights, he can restore them when life conditions arise: this includes changing his previous lifestyle or attitude towards the issue of raising children. A parent who has lost parental rights can initiate a court hearing (Article 72 of the RF IC).

For example , the father was deprived of parental rights for drinking alcohol, lack of work, and failure to pay child support. Over time, he came to his senses, got a job as a mechanic at a factory, got rid of bad habits, found money and began to transfer part of the funds to his son. Given the dramatic changes in his life, the father may apply for restoration of parental rights. Consequently, he will be among the child's heirs.

If there is a court decision regarding a deceased parent, his descendants can apply to the court to review the decision. However, they will need to provide convincing evidence of his innocence: medical reports, SSP certificates about debt repayment, a job description, a 2-NDFL certificate of income, an extract from the Unified State Register of Property Rights, an application from the second spouse, etc.

About the time frame for consideration of a claim in court

You can go to court or go to court within the time period established by law, when a citizen can become a full heir - this is six months from the date of death of the testator.

At the same time, the issue with the unscrupulous heir is resolved.

The law allows two months to consider a claim in court. If at a court hearing the heir is found unworthy of the inheritance, he has the right to challenge the decision. Only 10 days are allotted for all actions. After this period, it is impossible to file an appeal.

What are the legal consequences

The key result of recognizing a citizen as unworthy is his complete exclusion from the right to receive the property of the deceased. In addition, the children of such a person lose the right to inherit by nomination if the direct recipient of the property died during the opening of the inheritance or before that moment.

How to divide the inheritance after the heir is declared unworthy

An unworthy heir does not have the right of inheritance, and if this fact is ignored, he is obliged to return all property illegally obtained by him - Ch. 60 Civil Code of the Russian Federation.

If a citizen deprived of inheritance rights somehow acquired the property of the testator, he is obliged to return it to the remaining heirs. And if he refuses to do this voluntarily, interested parties must go to court.

The “released” property is subject to distribution among persons called to inherit in proportion to their inheritance shares, unless the will provides for a different procedure for redistribution - Art. 1161 of the Civil Code of the Russian Federation.

If it is impossible to return what was received in kind (due to its sale), an equivalent amount will be reimbursed. Damage to property due to the fault of an unworthy recipient is also taken into account. If any arise, he is obliged to compensate for them.

In addition to the return of unlawfully obtained property, the following are subject to compensation:

• Income extracted by an unworthy heir from such property.
• Potential income (which could have been extracted from the moment when he learned or should have learned about the unjustification of his enrichment) - clause 1 of Art. 1107 of the Civil Code of the Russian Federation.

How to be recognized as unworthy after inheriting

If the inheritance has already been distributed and certificates have been issued, then a citizen can be deprived of inheritance rights only through a judicial procedure.

If a person is an unworthy heir by law, in accordance with paragraph 1 of Art. 1117 of the Civil Code of the Russian Federation, then it is necessary to recognize the actions of the notary in issuing him a certificate of the right to inheritance as illegal.

According to Art. 49 “Fundamentals of the legislation of the Russian Federation on notaries”, a person who considers the notarial actions performed to be illegal has the right to file a complaint (application) about this. It is submitted to the district court at the location of the state notary office or private notary.

A dispute about the right that has arisen between heirs, based on a completed notarial act, is considered by a court or arbitration court in the manner of claim proceedings.

In case of malicious evasion of the obligations to support the testator, recognition as unworthy is similar to the procedure before entering into inheritance. After the relevant court decision comes into force, it must be transferred to the notary who previously issued the certificate.

He makes decisions on the annulment of previously issued certificates of the right to inheritance.

How to restore inheritance rights to an unworthy person

A decision made by a notary or a court can only be challenged in court.

In case of refusal to issue a certificate of inheritance, a complaint (application) may be filed with the district (city) court at the location of the official whose decision (actions) are being appealed. The application is submitted to the court within 10 days from the day when the applicant became aware of the refusal to perform a notarial act - Art. 310 Code of Civil Procedure of the Russian Federation.

But since in most cases there is a dispute about the right, a statement of claim is filed - if the defendants are co-heirs, the notary - a third party.

If it is the actions (inactions) or decisions of an official (notary) that are purposefully challenged, then an administrative claim is filed to declare the actions of the notary (or other authorized person) illegal - Art. 218 CAS RF.

A court decision to exclude a person from inheritance can be appealed on appeal within 1 month from the date of its adoption in final form. Appeals are filed through the court that made the decision - Art. 321 Code of Civil Procedure of the Russian Federation.

After the court decision enters into force, there is another option for a cassation appeal. Cassation appeals are filed with a cassation court of general jurisdiction within 3 months from the date of entry into force of the appealed judicial act - Art. 376.1 Code of Civil Procedure of the Russian Federation.