How not to enter the inheritance?

Yana Lisitsina
Yana Lisitsina
August 17, 2014
How not to enter the inheritance?

Sometimes the property of the testator, burdened with debts or loans, may become an unbearable burden for the heir. In this case, the latter has the right not to accept the benefits due to the will.

Do not accept the inheritance or refuse it?

Immediately, we note that two concepts should be distinguished - the rejection of the entry into the rights of inheritance and simply the failure of property under the will.

In the first case, the heir must, with the participation of a lawyer, draw up a corresponding declaration of refusal and assure him of the notary office. In the second case, the heir, in principle, does not need to do anything - by skipping the deadlines that the law allocates for entry into the rights of inheritance, the heir is automatically considered not to accept them.

The differences between the two processes also consist in the fact that in the first case the heir cannot challenge the decision. In the case of non-acceptance of the property, the heir after a while may still try to enter into his rights.

How not to enter the rights of inheritance

The procedure for accepting an inheritance assumes that within six months from the moment of opening the inheritance, the heir must apply to the notary (or an authorized person) at the place of opening the inheritance with the appropriate application. The date of the opening of the inheritance shall be the date when the court officially declares the testator dead.

If necessary, the court may allow the extension of this period if the heir presents objective reasons that prevented him from submitting an application. For example, it can be a serious illness or lack of awareness that he is entitled to inheritance. To do this, a citizen must apply to the court with a corresponding request within 6 months after the problems that prevented him from entering into his rights at the right moment were resolved.

It is also considered that the heir entered into the rights of inheritance (at least until the opposite is proved) if he:

  • Undertook any actions to preserve the bequeathed property, its maintenance, protection from third parties, etc .;
  • Spent funds for the maintenance of his property
  • Received funds due to him by right of inheritance;
  • He paid the debts or credits with which he bequeathed the bequest.
  • Entered management or possession of property.

Accordingly, if the heir did not take any of these steps (that is, he showed complete inaction with respect to the property bequeathed to him), missed the time allotted for entry into the rights of inheritance without good reason, he is considered not to accept the inheritance. Any citizen, at his discretion, has the right not to enter into the inheritance for one reason or another.

After that, other relatives of the deceased may enter into the inheritance, or the court will determine, on the basis of the provisions of the law, persons entitled to receive the inheritance. If they wish, they can also refuse to accept it.

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