Refusal of inheritance in favor of other persons: a sample application

The questions of inheritance are regulated in section V of the Civil Code. In accordance with the norms, citizens who are alive at the time of the opening of the case, as well as those conceived to death of the owner and born after his death, may act as successors. The current provisions provide for not only the acceptance, but also the renunciation of the inheritance in favor of other persons. Let us further consider its features.

Priority

Regardless of the will, according to the procedure established in the norms of the Civil Code, the blood relatives of the deceased are called for inheritance. Meanwhile, other actors can also become successors. In particular, they include adopted children, survived spouses, the state, and so on. In the norms there are 8 queues of inheritance. The first category includes parents, spouse and children of the deceased. The second turn is formed by sisters and brothers (infertile and full-fledged), grandparents on the part of the father / mother. The next successors will be the aunts and uncles of the deceased. In the absence of these heirs, the property of the deceased owner will be taken by relatives of the 3rd, 4th, 5th degree of kinship. A separate category is made up of subjects who were dependent on the deceased for at least a year before his death. According to the 1148th article of the Civil Code, disabled citizens become successors on an equal basis and together with persons conscripted for succession.

General information

The term of rejection of the inheritance coincides with the period of its adoption. In other words, the subject can transfer legal possibilities to other successors within six months from the date of opening the case. The extension of the period is allowed in some cases with the actual acceptance of the inheritance, if the citizen can prove the validity of the reasons for missing the term. The transfer of its part can be carried out by a specific successor. Together with this, the right to refuse inheritance has a number of limitations. Successors wishing to transfer their part must clearly be aware of the consequences of this action. Refusal of inheritance in favor of other persons has no retroactive effect.

Specificity

The renunciation of an inheritance in favor of other persons is a one-sided transaction. Accordingly, in addition to special requirements, general rules of reality apply to it. The refusal of the inheritance in favor of other persons is carried out by the will of the successor himself. In this regard, all his actions have consequences only for him, except in some cases.

Waiver of legacy by law

As was said above, the successor can transfer his part to other subjects only within 6 months. In case of a pass, the extension of this period is not allowed. Norms set requirements, according to which the rejection of inheritance is formalized. The sample application includes information about the successor, transferring its part, to the property that passes, the expression of the will of the subject. In addition, the document should contain information on citizens who will take material values and legal duties and opportunities associated with them. The information is given in such a way that it is possible to determine the order and identify each successor in respect of which the rejection of the inheritance is made. The sample application is signed by the citizen himself or his representative. At the end of the document, the date of registration is also indicated. The application for the renunciation of the inheritance shall be transferred to the notary conducting the case. From the moment of its registration the successor loses the opportunity to acquire a part of the deceased's property due to him.

Waiver of legacy by will

Norms provide for two types of succession. Inheritance can be carried out according to the general order. In this case, successors and their order are established by norms. In addition, the owner can make a will. In this case, the subjects indicated in his will will be successors. In this case, the shares that are relying on them are determined. At the same time all successors have the opportunity to transfer their units to other entities. The heirs can be not only legal and physical persons, but also municipal entities, the state. The transfer of its part is possible both before and after the adoption of the property. At the same time, certain requirements must be met. In this case, a statement on the rejection of the inheritance is also drawn up. Its content is similar to that considered above. Norms also set a time limit for the commission of actions. It is also 6 months old. Within half a year, the subject must form a sample of the rejection of the inheritance, submit the document to the notary. The content, in addition to other information, indicates the form of succession. The applicant must note that he refuses his part in favor of another heir by will, to give relevant information about him and the will of the deceased himself. In this case, it is also necessary to comply with the requirements of Article 1158 of the Civil Code, to understand the legal nature of the actions and the likely consequences.

Restrictions

The legislation defines a list of persons whose refusal is prohibited. Such a restriction applies, despite the will of the successor. The said subjects are:

1. Third parties not related to heirs.
2. Deprived of succession. These subjects are excluded by the owner from the will.
3. Unworthy successors. These subjects can not inherit by judicial decision. Their list is determined by 1117 articles of the Civil Code. They include, in particular, subjects who, through unlawful intentional acts, attempted to achieve their calling for succession or to increase the part due to them or to other persons. The list also includes citizens who maliciously shy away from performing duties related to the maintenance of the owner.

These restrictions are necessary to ensure the protection of the interests of the testator, other successors and their relatives.

Additional prohibitions

In the norms of the Civil Code, there are cases when the entity that receives a part of the property can not make a renunciation of the inheritance in favor of other persons. They are stipulated in the 1158th article of the Code. No refusal is allowed:

1. In the mandatory share of the inheritance.
2. From property, if it is all intended for specific subjects according to the will of the deceased.
3. With the intended heir.

Separated from the above subjects is the legatee. Its features are determined by the 1160th article of the Civil Code. In particular, he can refuse from the testamentary refusal on an equal basis with other participants of the succession. This provision fixes 1137 articles of the Code. In this case, he has no right to refuse his part in any case. Other requirements for the implementation of the action are similar to those for the situations described above. If the legatee acts as an heir for one or another reason, the acceptance or non-acceptance of a testamentary refusal will not affect the performance of these procedures with respect to the property.

Effects

If the subject decides to abandon the part due to him according to the general rule or in accordance with the will, he must understand the results of this action. Regardless of the time of committing (before or after adoption), the consequences will always be the same. Having renounced material values that were due in the order of inheritance, a person can not take property back or cancel his decision. Thus, the procedure is not only unconditional, but also irretrievable. From the moment of the transfer of its decision, executed according to the established requirements, to the notary, the successor once and for all loses its right to property. If the will was directed, then the legal possibilities with respect to the material values due to the subject earlier are transferred to the citizens indicated in the application. With unconditional decision, they are provided to all successors according to the general order.

An Important Moment

In Art. 1158, item 3, such consequence as loss of all property due to the subject is regulated. This means that the heir can not refuse any specific, unnecessary part of it. This rule is conditioned by the fact that succession involves the transfer of all property as a single whole in an unchanged form. After the refusal, the part that was due to the heir is distributed among the remaining persons in proportion to their shares.

Requirements to the validity of the transaction

In case of non-observance of the prescriptions of the norms concerning the registration of the refusal, it can be recognized as insignificant. In particular, this is allowed if:

1. The consent of the bodies of guardianship and trusteeship was not obtained. It is necessary if the refusal is committed by an incompetent / underage person.
2. Non-compliance with the form of implementation of will expression.
3. The transfer of part of the inheritance was made in favor of persons who do not have the appropriate rights.
4. There are reservations and conditions.

Escheat

They call material values that remain in the absence of heirs, their removal, their lack of the right to be successors, the refusal of all persons to accept property without specifying the specific citizens in whose favor it was committed. Escheat property, which is a residential building, located on the territory of the Russian Federation, becomes the property of the corresponding Ministry of Defense. If it is located in the city fed. Value, then it is taken by the region. The living quarters are included in the housing stock of social purpose. Other escheat property passes into the ownership of the Russian Federation in the order of succession under the law.

Conclusion

Renunciation of inheritance must be voluntary. In this case, the subject who performs such an action must understand its consequences. In the future, the person can not change his mind and return the property back. In this regard, before you make out the application, you should well weigh all the pros and cons of the decision. In some cases, the need to perform the procedure is dictated by the debt of the deceased. After all, according to the law, along with the property, the owner's obligations also pass to successors. For some people, they are an unbearable burden. Nevertheless, not always the rejection of inheritance is the only way out of the situation. Before making a decision, it is advisable to consult with lawyers and a notary conducting the case.