The current topic of discussion was the question of who such unworthy heirs are. Situations are different. But as soon as the question arises of the division of inheritance, scandals begin until the Cold War. And all this arises between close people, in families. If there are a lot of applicants for the inheritance, and there are few property, everyone tries to recognize each other as unworthy. What categories of citizens belong here? Who are they anyway?
A bit about terms
Unworthy heirs are people who lose their right to inherit property in any form of manifestation. Both by law and by will. That is, if a citizen is deemed unworthy, nothing shines upon him after the death of a close relative, even if the owner indicated the share of the citizen in the will.
Recognition of heirs unworthy is a very effective mechanism in modern Russia. It is used (more precisely, they are trying to apply it) both by relatives and directly by the testators. The former act to increase their own shares, the latter - for the sake of profit and blackmail.
What are
Unworthy heirs are generally divided into several types. More precisely, three. Each category has its own characteristics. For example, the first group includes citizens who try to obtain an inheritance illegally. At the same time, they cannot claim other people's property either by law or by inheritance.
The second group concerns parents. It's no secret that they have the right to inherit the property of their deceased children. Moreover, they are in the first priority after the spouses of the owner and his offspring. Unworthy heirs may be parents who have been deprived of parental rights for one reason or another. It doesn't matter what motive.
The last group is citizens who are excluded from inheritance by law. It is possible to register a person here only with the help of a court. And only with malicious evasion of a person from fulfilling his obligations. This is what many parents try to operate on, so that their children literally follow them on the heels for the sake of inheritance. It is a mistake to believe that the lack of communication and care for the elderly members of the family are grounds for recognizing the heirs as unworthy. They may not communicate with their relatives at all, but if they do not deviate maliciously (under court orders) from their obligations, by law they cannot be removed from inheritance.
Compulsion
Regarding our current topic, there is a separate article in Russian legislation. It is indicated in the Civil Code. And called "Worthy heirs." Article number 1117 will interest us today. Who can be an unworthy contender for someone else's property? Who and in what cases are classified as unworthy?
For starters, these are people who, as already mentioned, illegally tried to get a share of the property. Against the will of the owner, despite the will or even with the help of unlawful actions, tricks and tricks. The illegal increase in their share (and attempts, too) are also attributed here.
It turns out that unworthy heirs are people who tried by all means for selfish purposes to seize property or increase it. Even if there was no coercion or pressure, but only cunning and tricks. But the rule does not apply to family members to whom the will was made. They are entitled to inherit in the prescribed amounts.
About parents
As already mentioned, parents who have been deprived of their rights can be deemed unworthy of inheritance rights.More precisely, these citizens are by default. Unworthy heirs (the Civil Code of the Russian Federation defines this concept) are parents who were deprived of their rights to raise and guardianship of the child and did not return them.
If, for one reason or another, parental rights have been restored, then the rule does not apply to such persons. And parents cannot be deemed unworthy of inheritance rights. In practice, such events are extremely rare. Most often, the restoration of parental rights is illegal.
Deviators
Unworthy heirs are also those who maliciously shy away from fulfilling their obligations prescribed by the Family Code of the Russian Federation. Any interested person can recognize a citizen as unworthy. But only if there is certain evidence.
Please note that it has already been said that malicious evasion of the obligations of the Family Code is not at all what many people mean by this phrase. For example, able-bodied adult children are required to support and provide assistance to needy disabled parents and spouses. This is what you need to consider.
So, a citizen is not obliged to support his parents if they are not legally recognized as needy and incapable of work. Those who are still able to earn a living do not have any right to sit on the neck of the heirs. And to threaten them that they will recognize the heir unworthy, too. In addition, keep in mind: testators have no right to demand communication and personal care. Only with a court decision or recognition as needy and weak.
It turns out that unworthy heirs are not those who do not communicate with relatives and do not help them. But only those who maliciously evade their obligations, if the latter have legal grounds. And nothing more. Communication, care, "nursing" - all this is not included in the duties of a citizen. And carried out only of good will.
Action of law
It is worth considering: Article 1117 of the Civil Code of the Russian Federation applies both to heirs under the law, and to testamentary documents. There are no exceptions. The inheritance of an unworthy heir upon recognition of a citizen as such is without fail returned and shared among all legal applicants.
If the provision of a particular service has taken place as an inheritance, the “unworthy” is obliged to reimburse the value thereof to the rightful heir. In some cases, people also ask for moral damages. But such a measure is not provided for in article 1117 of the Civil Code of the Russian Federation.
How to recognize
How is the process of declaring an heir unworthy? Firstly, you need to write a statement of the established form. It indicates the data of the plaintiff, defendant, as well as the motive for recognizing a person as unworthy of an inheritance. Secondly, you need to stock up on certain evidence. Justification for your requirements. Otherwise, the court will not satisfy them.
Thirdly, you need to attach copies of your passport, death certificate, testament (if any), documents confirming kinship and receipt of payment of the state duty (currently 300 rubles). An application with evidence and a package of papers is submitted to the district court. You can wait for the start of the process and the result.
