Today we have to find out what features the refusal of a testament inheritance has. Is this procedure possible in Russia at all? Or should heirs necessarily accept property transferred by will? The answers to all these questions and not only can be found below. If you carefully study the current Russian legislation, then there should not be any special difficulties with the implementation of the idea. But the violation of the established rules leads to a number of negative points. But you can always protect yourself from them.
A fairy tale or a real perspective?
First of all, let’s figure out whether it is possible to formalize a waiver of inheritance at all. Is there such a chance? Then who can solve this issue?
Today in Russia, every heir has the right to accept or refuse an inheritance. This is his own decision. Therefore, the topic under study is quite real. The main thing is to act correctly in one or another case.
Who is eligible
The refusal of a will by testament, as we have already found out, is a real challenge. And to exercise your right to accept or reject property is not difficult. Especially with proper preliminary preparation.
The fact is that not everyone has the right to choose. On the territory of the Russian Federation, only heirs can refuse an inheritance. By testament or by law - this is not so important.
If the property is inherited by minors and legally incapable persons, then the legal representatives of the heirs and guardianship authorities are engaged in the implementation of the idea.
Refusing an inheritance without a will is also not a fairy tale. Just get rid of escheated property does not work. The state inherits such property, and a statement of the established form with a refusal under the legislation of the Russian Federation is not executed.
In favor of whom
But this is not all the features that you have to get to know. Mentioned operation involves many nuances. Not the most difficult to remember, but they are still there.
It is important to understand that the refusal of an inheritance by will in favor of another person is only one of the layouts. You can refuse inherited property just like that. True, in practice, this alignment is extremely rare.
When to draw up
An important feature is the period of acceptance of the inheritance. Or abandoning it. This period is fixed by the legislation of the Russian Federation.
To give up his inheritance, a citizen is given 6 months. The countdown starts from the moment the will is opened or after the death of the previous owner of the property. During these six months, the potential heir has the right to refuse in favor of one of the relatives.
If you ignore the allotted time, an absolute refusal takes effect. That is, property is divided among other heirs automatically. A full refusal can be issued independently. The task is implemented in the same way as in the case of transferring the inheritance to other applicants.
Shares
Is it possible to refuse a testament of a share of the inheritance? In general, in Russia this alignment is not welcome. The law prohibits taking a specific part of the property, and transfer the "surplus" for separation between other heirs.
Nevertheless, in almost all situations of life there are exceptions. For example, if the potential recipient of the inheritance is simultaneously an heir by law and by will. In this case, he can choose for himself the most profitable method of inheritance, and abandon the rest.
In such circumstances, the rejection of the share is made in favor of the remaining relatives of the heirs. Third parties should not participate in the study procedure. Also, recipients of property cannot be persons who have been deprived of inheritance rights under a will.
Why refuse property
The modern generation more and more often thinks about how to file a waiver of an inheritance by testament or by law. Why it happens?
Statistics show that every 8th heir decides to refuse the property. The following reasons often serve this purpose:
- the impossibility of obtaining part of the property;
- the testator has large debts;
- the cost of re-registering property;
- poor property conditions;
- living in a region located at a considerable distance from the inheritance;
- fear of deteriorating family relationships.
In any case, the decision to refuse should be made at the good will of the heir. The main thing is to consider that inheritance is not only good. Together with the property of the previous owner, citizens inherit his debts. This obligation, as has already been emphasized, often serves as the main reason for renouncing an inheritance.
Ways to refuse
You can not inherit property transferred to the citizen by will or by law. The main thing is to correctly issue the appropriate refusal. What options are possible in practice? How to make a testament waiver in Russia?
It is allowed to act in the following ways:
- operation through a notary public;
- execution through a representative;
- actions by mail;
- through guardianship authorities.
The easiest way is a personal appeal to a notary. This layout will be discussed in more detail below.
Compilation rules
Rejecting part of the testament legacy in real life is almost impossible. But you can deny all inherited property from this or that person. Some are wondering how to properly compose a statement.
Writing it is not too difficult. It is important to follow a specific document structure. Namely:
- "Cap". It is written in the upper right corner of the sheet.
- Name. This is a kind of paper name.
- Personal information about the applicant.
- Data on the registration of a citizen.
- Information about the deceased testator.
- Kinship with a citizen.
- Date of death of the owner of the property.
- Expression of the will of the heir. Here it will be necessary to indicate in favor of whom the citizen renounces property.
- Conclusion It is usually expressed by the filing date of the relevant document and the signature of the applicant.
In fact, everything is much simpler than it seems. Writing a statement of renunciation of an inheritance by will is not the most difficult procedure. But the design of this action will require certain knowledge and attentiveness.
Unexpected inheritance
A person who has decided to accept the inheritance through the court can challenge his actions within six months. This rule is due to the fact that some actions of the heirs in relation to the potential inheritance are considered as consent to its adoption.
What is this about? By law, a person enters into an inheritance if:
- he takes actions to help preserve the estate of the testator;
- a certificate of ownership is provided;
- a person provides care and maintenance of the facility.
Modern lawyers point out that to issue a refusal to accept an inheritance by will after entering it is problematic. It is not always possible to solve this problem. Therefore, before receiving property by inheritance, you need to carefully think about whether you need to claim the property of the testator.
About the order of appeals
Now you can study the step-by-step instructions for filling out a testament waiver. To do this, you have to:
- Wait for the will to open. Up to this point it is impossible to refuse property.
- Within 6 months to make a statement of the established form. In it, a citizen expresses his will - to accept or give the inheritance to other potential recipients.
- Prepare a package of documents for registration of the operation.
- Contact a notary and, if necessary, pay for his services.
- Obtain an opinion of an authorized person on the renunciation of an inheritance.
In reality, there is nothing incomprehensible in this process. The main difficulties arise during the preparation of documents for the implementation of the task.
Formation of a package of papers
The fact is that sometimes testamentary heirs practically do not communicate with the testator or live far from him. And to collect all the necessary documents both for obtaining an inheritance, and for refusing it, is not so easy.
To solve the task set before us, the following papers may come in handy:
- death certificate of the testator;
- documents confirming kinship with a person (birth certificate, marriage certificate and so on);
- will;
- applicant's passport;
- application with a waiver of property.
As you might guess, it is the first 3 points that can deliver a lot of trouble to a citizen. Nevertheless, the abandonment of inherited property, if desired, can be realized in a different way. Just wait 6 months. Based on current legislation, the state will consider such silence a waiver of inheritance.
About legal consequences
Will probate inheritance planned? The refusal of the inheritance cannot be formalized during the life of the testator. This is due to the fact that potential heirs do not have a real inheritance. The owner of the property remains so until his death. He can give or sell property at any time, for example.
It is important to understand that the operation under study entails some legal consequences. More precisely, these include:
- irreversibility of failure;
- the impossibility of accepting only a share of the property;
- demanding a specific part of the property as an inheritance is prohibited.
Perhaps this is all that needs to be remembered and known to every future heir. Making a refusal of an inheritance in favor of third parties is impossible. Such a transaction is not conducted by notaries.
Some citizens are interested in whether it is necessary to implement the task through a notary's office. Can I make a refusal myself? No, the population has no such right. The refusal of the inheritance is mandatory accompanied by a notary. Otherwise, the procedure is invalidated.
findings
We have studied all the features and nuances of registration of refusals of inheritance. Now this question will not cause difficulties. Even a poorly versed in paperwork and the legislation of the Russian Federation a citizen will be able to bring the idea to life.
In real life, people truly refuse inheritance by testament or by law. But getting rid of the mandatory share in a particular property will not work under any circumstances. Therefore, far from always the mentioned process will take place in practice.
If a person has not reached the decision to refuse the inheritance, but did it under threats, blackmail, or because of the influence of psychotropic substances, you can appeal the application. Only lawyers assure that this will not be so easy. We'll have to prove certain facts to the court. Sometimes such nuances are not confirmed by anything or are regarded as insignificant. Therefore, before making this or that decision regarding the adoption of an inheritance, a person should carefully weigh all the pros and cons of being an heir. Sometimes it’s really better to give up property in order not to find a lot of problems. Especially if the testator had debts during his lifetime.