How to refuse an inheritance
The heir appointed in the will has the right to refuse his share of the property. A similar possibility is provided for in Art. No. 1158 of civil legislation.
But this can be done only by observing a number of conditions:
- The refusal procedure must be completed through a notary.
- The legislation defines a specific circle of persons in whose favor a refusal can be made.
- Relinquishment of the deceased's due share of property occurs before its official acceptance.
To refuse, you will need to submit an official application to the notary in charge of inheritance records.
If the lawyer does not see any obstacles to this, for example, in the form of violations of the provisions of the Civil Code, then he issues a refusal. In this case, the share of the inheritance is transferred either to a specific co-heir or is divided among the remaining heirs in equal shares.
Let's look at an example
A certain citizen left a will for a house he owned, in which he designated his wife and son as heirs. However, the adult son has been living as a separate family for a long time, having his own living space. As a result, he submits a waiver to the notary, in which he identifies his mother, that is, the wife of the deceased, as the recipient of the share due to him.
Without inheritance
The easiest way to refuse an inheritance is when the heir has not yet had time to enter into inheritance rights. He can do this even in a situation where he has submitted to a notary a statement of consent to accept his share of the inherited estate.
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Natalia Volkova
Inheritance expert
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The main thing is that six months have not passed since the death of the testator and the inheritance case has not been closed. To do this, it is enough to simply write a second statement in the form of a waiver in favor of another heir.
If you have already inherited
It will be much more difficult to make a refusal after the closure of the inheritance case and the official acceptance of the willed property.
Refusal of inheritance after accepting the inheritance by filing an application addressed to a notary will no longer be possible.
There is only one way out of such a situation - applying to the courts with a claim to resume or extend the term of the inheritance case.
Let's look at an example
The uncle left his nephew his own apartment by inheritance. But, after taking possession of the bequeathed property, the young man learns that his late uncle had significant loan debts that exceeded the value of the bequeathed property. Appeals to the notary did not lead to anything, since the inheritance case was already closed. To resume its flow, I had to go to court with a statement of claim.
How to apply
The refusal is issued after contacting a notary with an application.
an example document here.
The official is not obliged to inquire about the reasons, but can examine the submitted documents and recommend to the heir not to rush into a decision.
The notary is able to provide legal advice on inheritance law issues.
The refusal can be signed on the day of contacting a specialist. Title documents for the property may be provided along with the application.
How to make an application
The main elements of the application are:
- name of the notary office;
- Full name of the notary or other official;
- wording with expression of will.
The application must be signed by the heir. You can act with the help of a legal representative, but it is advisable for the heir to appear in person at the notary’s office.
Do you want to understand what could be the reason for challenging an inheritance? Then read the article: in what cases can you challenge a will for inheritance? What to do if you didn’t inherit your inheritance on time is written here.
How to refuse a minor
A minor under the age of 14 cannot personally sign a waiver. A parent or guardian does this for him.
The reason why a minor must refuse an inheritance is the debts of the heir, for example , on loans from a deceased parent or testator.
Refusal is possible only in respect of the entire inheritance.
Before renouncing an inheritance, you must obtain permission from the guardianship and trusteeship authority.
To do this, you must apply for permission from the minor’s place of residence. The guardianship authorities have the right to refuse permission if the refusal is not in the interests of the minor. The subject in whose favor the refusal will be performed is taken into account.
Refusal should not be confused with receiving a proportionate share of the inheritance compensation.
Certain types of property, for example , residential premises, may become the property of one of the heirs - by agreement between all successors or by court decision.
A minor after 14 years of age can refuse on his own, as he has incomplete legal capacity.
Permission from the guardianship authorities in such a situation is also mandatory. The consent of legal representatives is also required. Otherwise, the procedure for renouncing an inheritance is similar to that of an adult and fully capable citizen.
Do you know what is the period after death for entering into an inheritance? Read about this in the article: how long does it take to inherit after death? Do you want to understand whether inherited property is divided during a divorce? See about it here.
How to write a statement to a notary about the actual acceptance of an inheritance is described here.
Refusal of inheritance in favor of another heir
Abandonment of bequeathed property may occur without determining in whose favor it occurs. A specific person may also be indicated to whom the citizen wishes to transfer his part of the inheritance.
Art. No. 1158 defines the list of heirs in whose favor a refusal is permissible. It will be different in different situations.
- If there is a will. In this situation, a refusal is possible only in favor of other heirs indicated in the testamentary document.
- In the absence of a will. Refusal in favor of heirs of the same line is allowed.
In favor of whom one cannot refuse
Refusal of bequeathed property in favor of a person not indicated by the testator in the document with the posthumous will is not allowed.
That is, a person has the right to transfer his share only to those persons who are identified as co-heirs.
In the absence of a will, inheritance is made in accordance with the provisions of inheritance law. It provides for the renunciation of a share exclusively in favor of a person who is a relative of the same line. But if there are none, or they also did not want to accept the inheritance, such right passes to the next-generation relatives.
Let's look at an example
After the death of the father, the son and daughter, as heirs of the first priority, were left with the apartment of the deceased, which was under a mortgage encumbrance. But, since his son was unable to pay the mortgage, he decided to transfer his share to his sister. But she also lost her share for financial reasons, and the right of inheritance passed to the brother of the deceased, who agreed to accept the apartment, which was under mortgage.
Refusal in favor of the state
The Civil Code of the Russian Federation does not provide for a direct renunciation of the inherited share in favor of the state, however, such a transfer is in principle possible.
If all the persons specified in the will or all the legal heirs refused to accept the property of the deceased, after 6 months it is de jure recognized as escheat. This means that all the property of the deceased goes to the state.
Is it possible to partially refuse
Refusal of inheritance does not allow fragmentary hereditary succession. Inheritance is characterized by the universal transfer of rights to property and intellectual rights.
Partial refusal of inheritance is impossible, due to the fact that the things are not pleasant, are burdensome in content, is impossible.
It is permissible not to accept property when the heir by law acquires things, being a close relative of the testator and at the same time being an heir under the will.
The goals and motives for refusal do not matter. They are not considered a passive action, since in order to refuse, a decision must be made to contact a notary and incur the corresponding expenses.
In the Civil Code of the Russian Federation - Art. 1159 indicates options for refusing inheritance. This can be done with a notary in the area where the inheritance was opened or an authorized person, for example , at a consular office.
The refusal may be qualified or ordinary.
In the first case, the heir determines the person in whose favor he is ready to give up. This must be done in compliance with the rules of the Civil Code of the Russian Federation - Article 1158 .
It is possible to refuse for other heirs by law, a successor by virtue of a will (this can be done as an heir by law and a will). Waiver of an obligatory share in favor of an heir under a will is not permitted.
Refusal in favor of public legal entities - Russia, regions and municipalities - is allowed. The state's refusal to escheat property is not allowed.
The property becomes the property of the municipality and is included in the social housing stock.
In the second case, the heir refuses the property, without indicating in favor of whom he wants to transfer the property.
In what cases is this possible?
Part of the property can be abandoned if different objects passed to the heir for different reasons. In other situations, the heir must refuse the entire inheritance or accept it in the amount of his share.
Refusal of an inheritance should not be confused with a gift transaction. A gift involves the transfer of property to which the donor has title. Refusal is carried out not only from property, but also from shares.
It is prohibited to renounce inheritance for money. Such a transaction is in the nature of a sham, in order to cover up another transaction, and can be challenged in court.
What are the consequences?
Refusal entails loss of the right to the share.
A refusal on one basis does not entail a refusal on another basis.
If the heir refuses the property due to him under the will, then he can inherit:
- in law;
- or by right of representation;
- or by transmission on a general basis.
Refusal of an inheritance can be justified by legitimate reasons - not to pay off the debts of the testator. When rights are transferred to an heir, creditors can go to court and demand repayment of the debt for the deceased testator within the value of the property received.
The refusal must be notarized.
When a share is released, the heirs divide it among themselves equally or in other shares specified in the agreement.
Methods of refusal
Legislative standards provide for two ways to waive the due share of inherited property:
- Absolute.
- Directed.
Absolute
An absolute refusal means a situation when a potential heir writes a refusal statement without indicating the person to whom he would like to transfer the share due to him. His part of the inheritance is returned to the general estate and is divided among other heirs in equal shares.
Directed
In the case of a directed refusal, a person who does not want to accept the inheritance indicates in the application a specific person to whom he wishes to transfer his share.
In this case, the provisions of Art. No. 1158, which contains a list of persons in whose favor a refusal can be made.
Refusal in favor of another heir
As noted above, the procedure for filing a statement of unwillingness to enter into inheritance rights provides for two ways of redistributing values. The first is absolute, when the heir completely and unconditionally renounces his part of the values. In this case, all property is divided in equal parts among other applicants who want to receive the property.
What is typical for an absolute waiver, its effect also applies to the obligatory share of property. It is enough to simply write an application, pay the cost of the notary’s work for confirming the authenticity and voluntariness of the document. After six months, the property will become the property of other candidates.
The second option is to entrust property rights to the property to a specific citizen. In this case, the following conditions and requirements must be observed:
- by way of refusal, you can bequeath all the property due except for the obligatory share (that is, the obligatory part remains with the refuseor or is divided in equal parts among other claimants to the property);
- if the recipient of values on the basis of refusal does not want to take ownership of the objects, then he can also write a refusal statement, but only unconditional (multi-level transfer of values on the basis of refusal orders is not allowed).
Procedure and procedure for registration of refusal
The refusal procedure requires compliance with a certain procedure established by the provisions of legal paperwork.
The refusal application is submitted to the notary conducting the given inheritance case within
no more than 6 months from the date of death of the testators.
Sample waiver
The waiver application is drawn up on a special form, which can be obtained directly from a notary’s office, or printed out yourself using a printer. The refusal form contains the following information:
- The notary office to which it is submitted.
- Passport details of the heir renouncing the due share.
- The main text with the essence of the statement.
- Indication of the degree of relationship with the deceased testator.
- Date of compilation and personal signature of the applicant.
A sample waiver form looks like this:
Required documents
In addition to the application, you will need to present the notary with the established list of documents :
- The applicant's general passport.
- If the heir's age is less than 14 years, his records from the registry office will be required.
- A document certifying the death of the testator.
- If a minor refuses inheritance, you must obtain documented permission to do so from the guardianship authorities.
- If an heir is appointed by the will, you will need to present the relevant document.
- When inheritance occurs by law, documents are needed confirming the degree of relationship with the deceased.
- If the refusal is made in favor of a specific person, his identity card is required.
Expenses
Registration of refusal is a paid procedure. For it you must pay a state fee of 100 rubles .
All related work of the notary on the preparation and execution of the necessary documentation is paid separately.
The cost is set by each regional chamber separately, in accordance with the price list.
Deadline for refusal
The State Property Committee of the Russian Federation establishes certain deadlines within which a waiver application can be submitted to a notary’s office. They are 6 months from the date of death of the testator, when the inheritance case is opened.
When the specified deadline is missed, filing a waiver with a notary becomes impossible.
How to refuse an inheritance if more than 6 months have passed
Refusal of inheritance after 6 months is possible only as a result of the court extending the inheritance case.
To do this, you need to convince the judge that there are some compelling reasons that prevented the applicant from renouncing the inheritance on time. The provisions of legislative acts do not clearly define such valid reasons.
Judicial practice shows that they are usually recognized as:
- A serious illness prevented the timely submission of the waiver.
- Long stays away from populated areas - on a scientific expedition, in a remote army garrison, etc.
- The impossibility of knowing in advance about the burden of the inheritance with the debts of the deceased.
Expert opinion
Natalia Volkova
Inheritance expert
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Reference to ignorance of the provisions of the current legislation, or minor health problems are not regarded as valid reasons.
Legal consequences of refusal of inheritance
Refusal of inheritance implies the complete transfer of legal rights to it to another person.
The legal consequences of such a step are as follows:
- First of all, this is the complete loss of any legal basis for the use of the bequeathed property. All of them are transferred to other heirs, who, after entering into the rights of inheritance, become its full owners.
- Refusal, as a legal action, does not have retroactive effect . That is, after the voluntary registration of the waiver, it is no longer possible to cancel this document.
- Changes in the shares of other heirs in the total amount of inherited property.
- Disposal of the heir from debt obligations , if the deceased testator had any. It should be remembered that by accepting the property of the deceased, the heir not only acquires the rights to own it. He also acquires responsibilities for the testator's associated debts. They are distributed in direct proportion to the shares due to each testator.
Conditions for renunciation of property
It is impossible to simply write an application for refusal of inheritance; it must be done in favor of some heir . This citizen must be the person to whom the property is due in accordance with Article 1158 of the Civil Code of the Russian Federation.
The list of such heirs may include:
- Heir in turn. Regardless of the queue, a citizen can receive property if he is not deprived of it by the will of the owner.
- Citizens who have the right to inheritance through the transmission system or through related lines.
It is impossible to give up property in favor of third parties. It is also impossible to formalize a refusal of inheritance in favor of another heir who is deprived of such a right under the will.
Is it possible to refuse part of the inheritance?
It often happens that loan obligations apply only to a certain part of the deceased’s property: home, car, land. In this regard, a logical question arises for heirs: is it possible to refuse a part of the inheritance that is encumbered by a loan, or simply unnecessary?
Art. No. 1158 of the Civil Code of the Russian Federation answers this question unequivocally - the heir does not have such a right. He must either accept the entire amount of the deceased's property due to him, or completely renounce the right of inheritance.
Let's look at an example
After his death, a certain citizen bequeathed to his nephew, as the only close relative, all his property - an apartment, a car, and other property. But it soon became clear that the car was under a credit encumbrance, being a bank collateral. Attempts to refuse to inherit the car led to nothing. The notary, referring to the provisions of Art. No. 1158 refused to issue a waiver for part of the inheritance. As a result, the heir had to accept the entire volume of the bequeathed property, along with the collateral car.
Can a minor heir write a refusal?
Minor children, just like adults, can act as heirs.
Expert opinion
Natalia Volkova
Inheritance expert
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But, since from a legal point of view, they are not fully capable citizens, they do not have the right to draw up documents on their own. This is done for them by official representatives - parents (adoptive parents) or guardians.
The same applies to the possibility of refusing the inheritance of a minor heir.
If the persons in whose care he is placed consider that the bequeathed property for any reason is likely to be detrimental to the welfare of the child, they may refuse to accept it on his behalf. Most often we are talking about an inheritance that is burdened with large debts, purchased on credit or pledged.
To do this, you will need to obtain official approval for the refusal from the guardianship authorities, whose responsibility is to supervise the material and moral well-being of the child.
Is it possible to revoke a refusal of inheritance?
It happens that the heir who wrote the refusal suddenly changes his mind.
The reason for this may be some changed circumstances, for example, it was possible to find a profitable buyer for an apartment or car as collateral. As a result, financial obstacles to receiving the rest of the bequeathed property disappear. Is it possible in such a situation to revoke your refusal of inheritance, previously submitted to a notary?
Before the end of six months
You can submit a refusal to a notary's office during the course of the inheritance case - no later than 6 months after the death of the testator. A waiver submitted to a notary is reviewed, in accordance with office work standards, for no more than 2 weeks. During this period, the applicant may withdraw the submitted paper with an application for refusal of inheritance. After this period, it is no longer possible to withdraw the application - it comes into force, and the bequeathed property is distributed among other heirs.
After six months
If the two-week period allotted for revoking the refusal has been missed, the only option left to cancel the submitted application is to file a lawsuit in court.
The lawsuit demands that the waiver be declared invalid.
There are several reasons for this:
- The heir is in an insane state at the time of writing the application.
- Exposing him to moral or physical pressure from third parties.
- Deliberately misleading him.
Expert opinion
Natalia Volkova
Inheritance expert
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It is also possible to request the judge to reinstate the 2-week period. This is possible if the time to revoke the waiver was missed due to circumstances beyond his control: force majeure, serious illness, etc.
How to draw up an application for refusal of inheritance. Sample
The current legislation does not provide a single form of document for expressing one’s reluctance to receive inherited benefits. Therefore, it is enough to use a universal sample application for refusal of the proposed inheritance in favor of another heir. And, given that a lawyer takes part in the procedure, a notary will help you avoid legal mistakes and help you draw up the most correct petition.
There are universal rules on how to formalize the refusal of an inheritance in favor of another heir. In particular, the application must contain the following blocks of information:
- the name of the notary's office in which the inheritance proceedings are pending, as well as the legal address of the unit;
- personal information of the applicant;
- name of the document (Refusal of inheritance);
- grounds for opening an inheritance (death or recognition as dead or missing in court);
- personal data of the testator (indication of family ties, for example, mother or father);
- order of inheritance (by law or by will);
- the essence of the appeal (I refuse my share of material benefits);
- personal information of the person in whose favor the refusal is made, as well as the degree of relationship (if any);
- date of drawing up the appeal and personal signature of the failed heir.
A sample application for renunciation of inheritance in favor of another heir can be downloaded here
Such an appeal consists of only a couple of sentences and cannot contain additional conditions or encumbrances.
Important! The Civil Code of the Russian Federation allows for the division of values between several applicants, indicating which of them will receive what share of the property. The main thing is that each candidate meets the established requirements.
What is an increment of hereditary shares
If one of the heirs refuses the part of the property of the deceased due to him, without indicating the person in whose favor the refusal was made, his share is distributed among the remaining co-heirs. This process in inheritance law is called the increment of shares in the inheritance (Article No. 1161 of the Civil Code of the Russian Federation).
Conditions for increment
An increase in hereditary shares occurs only under a number of mandatory conditions :
- The share of only those co-heirs who agreed to enter into inheritance rights increases.
- The refuser’s share is divided if he has not indicated a specific person to whom he wants to transfer it.
- The co-heirs agree to the division of the refuser’s share.
