Inheritance is not always good news about a stranger uncle who died in distant America and left untold wealth to his distant relatives. Often an inheritance involves obtaining not only benefits (a house, a car), but also certain obligations, most often - debts and encumbrances of law. And here you have to choose - either all or nothing. No third is given - such are the laws in force in our country. One of the key is the notion of “recipient in the law of succession”.
Testamentary denial
This term is used to denote such a legal situation when the heirs receive obligations at the request of the one who gives the inheritance. This person, referred to in law as the testator, forms property obligations. Heirs will have to sell them to third parties. Making a testament refusal does not require a compilation of a will, in some cases such a refusal is a necessity dictated by applicable laws.
In some situations, the subject of a testament may be the transfer of property rights to the consignee. In addition, the testator may sign an agreement obliging him to be kept for life as the owner of an immovable property. In the law, such conditions are collected in the concept of “special testamentary dispositions”. They are quite diverse. The main idea is complete submission to the testator’s desire (of course, within the framework of existing laws and common sense).
Terms and Rules
Based on current laws, the receiver is the person who acquires the right to property rights, based on a testament refusal. Features of this legal action are described in the Civil Code, namely, the 1137th and 1138th articles.
Certain restrictions are established by law also for the time period within which the will and requirements are legitimate: the period of time when you can request the right to use the property rights specified by the will. This is subject to the testator's will, officially mentioned in the documentation. In some situations, the rights of the borrower in testament denial last, no less, for the whole life of a person acting in this legal sense.
My bloodthirsty!
Among the townsfolk there is an opinion that those who are in consanguinity with the person who wrote the will can be consignees. But the current legislation on the situation looks a little different. Officially, a person with property rights can write a will in favor of someone with whom he is not connected by blood.
For example
Suppose a person owns a country house. He decides to issue a will. His closest relatives are children, but in addition to them, the owner of the house is also in a civil marriage with a certain woman and wishes that in case of his death she could live in the mentioned country house. It is difficult to argue, situations of cohabitation in a civil marriage in recent years are common, as people tired of the bureaucracy do not consider it necessary to formalize their relationship through the registry office.
In the event of the death of the owner of such a house, persons who are not blood relatives to him, that is, the same common-law wife, can be receivers. Her rights prescribed in an official testament cannot be violated - this is regulated by applicable laws. However, rights are not the only things that can be obtained in this way. Together with them may come responsibilities.For this example, the obligation to pay utility bills. It should also be noted that the consignee has the right to refuse a testament refusal if he considers the duties more difficult than the benefit received from the rights.
Legal subtleties
A consignee is a person who receives rights in accordance with the text of the will. Consequently, if the owner of some property has died without leaving a will, therefore, no one has the right to claim benefits in testament denial (due to its absence as such).
Another situation is also probable: the rights and obligations of the consignee in the will are clearly stated, but their validity expired before the person began formalizing the receipt of what was due to him. There is nothing to be done in such a situation - once the deadline has passed, use is impossible. In addition, the will may indicate the period for which a person becomes a receiver. This is the time period for which a person is given rights (obligations), but after it expires, he loses them. However, once in this situation, you should study the current situation (possibly with the help of a qualified lawyer). There are probably additional legal grounds on which to extend your property rights. As a rule, this is typical for a situation where the borrower is also a member of the family of the person who left the inheritance.
Both good and bad
A consignee is a person sharing responsibility with an owner for a property. True, the condition does not apply to persons declared legally incompetent in an official manner. If such a person became the receiver, the responsibility falls on the shoulders of only the owner of the premises.
The consignee, according to Article 1137 of the Civil Code (the third part of the second paragraph), may receive certain rights to use the living space even if the owner transferred the rights to the premises to a third party.
Everything is official!
The subject of a testament refusal may be the transfer to the beneficiary of the right to permanent residence on a certain living space. If a person fears that the right laid down by law may be infringed by third parties, as a preventive measure he may register the rights received by will. To do this, you will have to contact the state authority involved in the official registration of use rights. This will provide a full range of possibilities for managing living space, including the ability to conclude a variety of transactions.
But when the time period mentioned in the will expires, along with it the human right to dispose of the object ends. You can extend it if you contact the relevant state authority, being the owner. However, this is not necessary - the law allows both options. A person can focus on what is more profitable and more convenient for him in the current conditions.
I do not want and I will not!
Even if a lot of attention is given to the testamentary recipient, this person can refuse everything that the testator wanted to convey to him. You will have to issue your initiative on refusal in writing with the participation of a certified notary. This happens at the place where the inheritance opens. In general, the procedure is similar to the rejection of the usual inheritance. As a rule, a notary's office has a sample application for a waiver of rights.
Based on the current legislation of the Russian Federation, it is impossible to refuse in favor of a third party. This is stated in the first paragraph of the 1660th article of the Civil Code. Either the testamentary refusal is absolute, or it does not exist in principle - half measures are impossible.
Passive rejection
By law, there is no prohibition on such behavior. Suppose the testator bequeathed a certain object: the recipient may simply not take it.If we are talking about living space, then you can leave it, even if the territory is provided by will to use.
The current law states that three years after the will was opened, the receiver will lose his rights if he did not enter into them.
And that will be?
Regardless of whether the rejection of the testament was officially formalized or passive, the consequences are the same. In fact, the difference is only in the duration of the terms. This acquires significance if the so-called dedicated receiver is involved in the case. This is the person to whom the rights and obligations are transferred if the first recipient of the refusal neglected them.
If there has been a passive rejection of the testament, the second recipient can take advantage of the rights three years after the will is opened. However, in such a situation it is easier to turn directly to the first recipient of the refusal in order to complete all the papers faster and not to delay the time. An alternative is to use the services of an experienced lawyer to help establish official communication between participants in a legal situation.
Terminology: the words are different, the essence is one
In some publications, instead of the phrase "legacy", they prefer to use the term "legate". In fact, this means one and the same thing, the second word comes from the Latin root legatum, which previously meant receiving a will in accordance with the wishes of the testator.
The idea of a testament refusal is that the heirs receive the inheritance for a reason, but paying for this with property obligations transferred to the legatars, that is, the recipients. Laying on the legate is possible not only to those persons who are indicated as recipients of the inheritance in the will, but also to all those who acquire rights, based on existing legislation in the field of testament law. In some cases, when making a will, remembering this norm, they are limited to mentioning only testamentary refusal.
To whom and how
A consignee may be an individual, but equally legal. The law in this regard has no restrictions. It is possible to appoint public education as a legator. It all depends on the initiative, the wishes of the person who draws up the will.
Relations arising between participants in a situation on the basis of a will are incorrectly called hereditary, the term “binding” is used for them, since the heir to the will receives property encumbered by the legate. In this situation, the refusal is comparable with the creditor, while the position of the heir can be compared with the position of the debtor. The relations arising between these persons are subject to the Civil Code.
Rights: object
What can a legate count on if one focuses on the limitations of the current Civil Code? The object of refusal under a will is usually property representations. This means that a person can only receive a specific item specified in the will. It also prescribes what quality a thing transfers to the new owner of the rights to it: a temporary use object, an object of ownership or possession. This item must be part of the estate, but an exception is possible. It is allowed to issue a testamentary denial for an item purchased specifically for this. You can also issue legat for money, payments with a given periodical, work, services.
Statistics: What will be the most typical testament refusal?
From legal practice, it is known that most often compilers of a will fear for the possibility of the borrower to continue living in the same place, which is why they make up a will where they oblige their heirs to provide the legate with an apartment, a house, in a word, a place under the roof, a permanent home.Most often, a will contains a requirement for a living accommodation for life, but in some cases a specific period is stipulated.
The will regulates the scope of the law, which does not allow the heir to object. Even if a person with inheritance rights is ready to provide documents, certificates confirming that he needs a room, a house, an apartment transferred to the legator by the testator, the law does not allow amendments. It is equally impossible to cancel a testamentary denial based on the requirements of direct heirs.