Inheritance is often the main subject of family disputes. Especially between brothers and sisters. In Russia, hereditary matters often destroy even the strongest cells of society. Therefore, some citizens are thinking about how to refuse an inheritance. Is it even possible to do this? What consequences will come after the implementation of ideas? All this will be described later. In fact, before abandoning the property laid down by law, you need to think carefully about your actions. After all, it is almost impossible to regain the right to a property after abandoning it in Russia. This must be taken into account first.
Is there a right
The first step is to understand how real the task is. Is it possible to refuse an inheritance in Russia?
The answer is not as difficult as it seems. In fact, renunciation of an inheritance is a legal right of all citizens. More precisely, only those who can receive property or will by law or by law.
Accordingly, the rejection of an inheritance is normal, albeit a rather rare occurrence. Each heir is able to bring the idea to life. But first, it’s up to you to figure out what exactly options for the development of events allow you to have in Russia.
How to refuse an inheritance
Today, there are different types of refusal from property transferred to a citizen. What is this about?
In Russia, every lawyer by inheritance will say that a person has the right not to accept property from the testator. To do this, you need to issue a refusal. But before this it is important to determine how exactly the citizen’s unwillingness to exercise the right to receive property is expressed by law or testament.
Among the main types of renunciation of inheritance are:
- Full refusal. In this case, the inheritance is not transferred in any direction. If there are no other heirs, property is given to the state.
- In favor of someone. Usually there is a denial in favor of other heirs. It is important to indicate at registration who acquires the right to receive property. The reason for the action is not necessary.
It is the second alignment that will interest us to a greater extent. Failure to inherit in favor of another heir is a pretty serious step. You need to think carefully before agreeing to it.
Ways to refuse
Now a little about how exactly this operation can be carried out. In fact, it all depends on the circumstances. If a citizen has thought about how to refuse an inheritance, he needs to take into account all the features of the procedure. Fortunately, today there are several methods for solving this problem.
Among the methods of rejection of inherited property are:
- execution through a notary public (the most common method);
- appeal to the representative;
- work with guardianship authorities (if the heir is a minor);
- execution of the procedure by mail;
- waiting - loss of inheritance.
As has already been emphasized, citizens most often turn to notaries for any operations related to property and inheritance. There is nothing surprising in this. All potential heirs have the right to refuse an inheritance.
Expectation
We will begin to study each scenario. The most effective way to lose the right to property of a citizen is to wait.To date, Russia has set an exact time period during which a person has the right to accept an inheritance. If the lows are missed, and the future recipient of the property does not contact the notary and does not communicate his intentions in any way, the inheritance is distributed among the applicants who reported the desire to receive the property.
So you can just wait. How to refuse an inheritance? If more than 6 months have passed since its opening, a citizen is considered to be a person who missed the deadline for obtaining property by law or by will. You do not need to do anything, no statements will be required.
Important: a similar refusal cannot be made out to other heirs. In addition, it is possible under certain circumstances to restore inheritance rights. For example, if it is possible to prove that a citizen could not, for one reason or another, communicate his decision regarding the property received.
Reasons for refusal
Many people are interested in what rights the heir has, as well as why people sometimes refuse this type of transfer of property to each other. Under certain circumstances, citizens refuse the inheritance to someone else or simply do not accept what is supposed to be from the past owner. This phenomenon has a number of simple explanations.
The thing is that in Russia, by law, inheritance is expressed not only in material and immovable goods. Heirs receive all the obligations of the testator. This means that debts and debts will have to be paid to the new owner of the property.
According to statistics, every eighth heir refuses property for one reason or another. Most often, a statement of renunciation of an inheritance occurs in the following cases:
- large monetary debts;
- the impossibility of receiving part of the property;
- unworthy or uninhabited, dilapidated state of the alleged inheritance;
- price of re-registration of property;
- a citizen lives far from the place where he is entitled to the inheritance.
Regardless of the reasons for the study procedure, a person has the right to refuse property in favor of someone else. But how exactly can this be done?
Clearance process
In fact, everything is much simpler than it seems. If a citizen has thought about how to refuse to enter into an inheritance, he needs to contact a representative or a notary public. It is here that without much effort will be able to translate the idea into reality.
A waiver of an inheritance in favor of another heir (or issue an absolute waiver) is possible if you adhere to the following algorithm of actions:
- Collect a specific package of documents. About them will be discussed later.
- Write a statement of the established form. Certain rules must be observed.
- Refer the application and the package of papers to the notary for the will of the heir.
Nothing more is required. After the authorized person checks the correctness of the written statement, it can be said that the person refused the property put to him. For example, by law.
Documents
Now a little about what kind of paper is needed for the procedure. How to refuse an inheritance? It is not difficult to do this. Even a citizen who does not deal with paperwork can bring an idea to life.
As already mentioned, the process does not provide for serious red tape. To refuse an inheritance, you must bring with you:
- statement;
- passport of the heir-refusenik;
- reference from the place of residence of the previous owner of the property;
- documents indicating kinship with the testator;
- TIN of the heir;
- extract from the house book;
- certificates indicating ownership of property to the deceased;
- information on the valuation of property after the death of the testator;
- will (if any);
- death certificate of the testator;
- papers on the moral rights of the heir.
As a rule, this will be enough. All further actions will depend directly on the notary public.He will verify the accuracy of the refusal, after which he will stamp and sign the document. From this moment, a citizen will be deemed to have abandoned the property.
About return and refusal of inheritance
There are several limitations and features that every heir and “refuser” should know about. The thing is that hereditary affairs in Russia provide for a waiver in favor of other people. But third parties in this process cannot be involved. This means that a refusal is permitted only to the address of one or another heir.
In certain circumstances, third parties may receive part of the testator’s property. This means that to issue a refusal to outsiders is allowed. But only in the case when these same third parties are indicated in the will. When there are no strangers anywhere, they, as has already been said, cannot receive property from the refused heir.
It’s impossible to regain the inheritance. Each lawyer by inheritance will inform before the process is completed that it is irreversible. Having refused an inheritance in favor of someone, a person will not be able to restore the inheritance rights. This is only possible if the citizen did not initially inherit for valid reasons.
About writing rejection
But this is far from all the features that every citizen should know about. How to refuse a testament inheritance? Action will not cause trouble. The main thing is to know how to draw up and write a statement.
To date, the renunciation of the inheritance should contain the following data:
- The hat. It is drawn in the upper right corner of the document. It writes the personal data of the heir. It is better to seek help from a notary public in the design of the heading.
- Name. This is the name of the paper.
- Personal information of the heir who waives the property.
- The official registration of a citizen.
- Information about the deceased. This is usually about personal information and place of residence.
- Kinship with the testator.
- Data on the death of a citizen.
- Information about the people to whom the property is transferred. It is mandatory to register the full name and degree of kinship.
In reality, everything is simpler than it seems. Such information should be contained in each renunciation of the inheritance. The main thing is that the decision is made by a citizen without undue pressure or threats.
About making a decision
Now it’s clear how to refuse an inheritance. It should be noted that this decision is not a citizen's duty, but his right. Forcing a waiver of property is prohibited.
If it is established that the decision was made under pressure, coercion, or under threats, the operation shall be invalidated. In addition, the cancellation of the application takes place if the heir-refuser is legally declared incompetent.
A citizen who has accepted the inheritance has the right to review his decision within 6 months from the receipt of the property. This is an extremely rare phenomenon that is practically not found in Russia.
Sample
And what will the pattern of renunciation of inheritance look like? The exact template is problematic to suggest. After all, every citizen who has decided to abandon this or that property indicates different heirs. Despite this, examples of applications of the established form are often found at notaries.
A disclaimer may look like this:
"I, (information about the heir), who is (relationship with the citizen) to the testator, citizen (information about the testator), I want to refuse the inheritance put to me by law / will. Please transfer the property to me (data about the heirs with relationship)."
No further information is required. A primitive denial of inheritance might look like this. For a more detailed template, it is recommended that you contact a notary public.
Summary
From now on, it is clear how to refuse entry into the inheritance. It is not difficult to do this.In order for the process to be carried out without much difficulty, it is best to contact a notary.
It is important to remember that the refusal is not made out with reservations or any conditions. Some citizens forget this important feature. Therefore, refusing property, it is necessary to remember all the features of the implementation of ideas.
How to refuse an inheritance? It is enough to collect a certain package of documents, then write a statement and take all the papers to a notary. An authorized person will be able to prove the validity of the refusal.