Is it possible to refuse part of the inheritance and how to do this?

Does the heir have the right to partially refuse to accept the inheritance? Of course yes, and this is considered a one-sided transaction. The motives for such a decision may be different reasons and circumstances, but most often such actions are performed in the presence of debts and obligations on inherited property. Also, the heirs can agree among themselves on the division of property, and in accordance with this agreement, they formalize partial refusals in favor of a certain person.

Is it possible to refuse?

According to Article 1158 of the Civil Code of the Russian Federation, it is impossible to declare the refusal of part of the inherited property. In the same article of the Civil Code in paragraph 3 there is a clause under what conditions it is possible to circumvent this prohibition.

If, after the death of the testator, the property left by him is transferred to the heirs on several grounds, for example, both by will and by law, then in this case a partial refusal of one of them is possible.

But there are exceptions here too. You cannot renounce a part of the inheritance, even if it falls under different grounds, in the following situations:

• If the refusal is issued to an applicant who does not have the right to inherited property: he is not included in the list of the will and is not a close relative. It is also impossible to carry out such actions with an unworthy heir (Article 1117 of the Civil Code of the Russian Federation), who was recognized as such by the court;
• If an obligatory share of property is inherited;
• The heir to whom the sub-heir is assigned will also not be able to formalize the refusal (Article 1121 of the Civil Code of the Russian Federation).

Refusal of inherited property, as well as its acceptance, must take place within the time period specified by law (Article 1154 of the Civil Code of the Russian Federation), i.e. within six months from the moment the inheritance case is opened.

Important: If an inheritance is rejected, this decision must be made independently without any external pressure.

Article 1157 of the Civil Code of the Russian Federation states that there is no reversion to acceptance of an inheritance when an inheritance is rejected. The potential heir, after submitting all the renunciation documents to the notary, will not be able to change his decision.

This will only be possible in court and only if the refusenik is declared insane at the time of filing the application or is acting under pressure and threats from other citizens.

A partial refusal can be issued either in someone else’s favor or without specifying a specific person . When refusing a will, the person in whose favor it is being made must be mentioned in the testamentary document.

There are certain difficulties when rejecting inheritance by persons under 18 years of age. They cannot make this decision on their own. Written consent of the guardianship authority and parents is required. The same applies to incapacitated citizens.

Important: A power of attorney for guardians to protect the interests of children and incapacitated persons in relation to inheritance does not need to be issued.

The following methods of refusal of inheritance are possible:

• in person, by coming to a notary’s office;
• through an authorized representative: a document confirming his authority will be required;
• by mail.

Important: Do not confuse partial refusal to accept an inheritance and refusal of a share of inheritance.

The first is permitted by law and the second is strictly prohibited. This is due to the fact that along with the inheritance of property (the income part), there is also the inheritance of debts and obligations (the expenditure part). Any heir will want to accept only the property and refuse the debts.

For example, an apartment purchased with a mortgage was bequeathed. The entire amount has not yet been paid. In this case, you can either accept the apartment along with the obligation to pay the remaining amount of the mortgage debt, or refuse to pay the mortgage loan, but only together with the refusal of the apartment. No other option is acceptable in this case.

Documents for partial refusal

Any refusal of inherited property requires its documentation. You should contact the notary and write a statement there. It is better to go to the notary who opened the inheritance case.

If this is not possible, then you can fill out an application at any notary office. In this case, mandatory notarization of the document will be required.

Then the application is forwarded by mail to the notary who deals with the inheritance.

The application can be drawn up in free form , but the following points must be included in it:

• the name of the notary office where it is drawn up;
• Full name and basic information of the applicant;
• Full name, place of registration and date of death of the testator;
• a list of property subject to inheritance, listing the grounds on which it is carried out;
• it is indicated which part and on what basis the property is renounced. If this is done in favor of a person, his data must be entered.

The application must include a note indicating that the refusing party is aware of the irreversibility of this action.

of the person renouncing the inheritance must be affixed

In addition to the application, other documents are also required:

• passport and its copy;
• a will, if one has been drawn up;
• a copy of the document on the death of the testator;
• a copy of a document confirming family ties with the deceased;
• documents evidencing the ownership of property by the testator.

Registration and acceptance of an inheritance is quite an expensive matter. Sometimes you only have to inherit debt obligations, or property that requires a lot of money to maintain it. Therefore, refusals of inheritance occur.

Partial refusal is possible only if there are several grounds. There are no other options in this situation. It is also worth remembering that if acceptance of an inheritance is rejected, a rollback is not possible.

The refusal must be made within the time limits established by law.

How can I formalize a waiver of part of the inheritance?

Heritage is not always just the acceptance of real estate from the testator. Sometimes the property comes with monetary debts, an impressive amount of state duty, poor condition of the property and other troubles.

The law provides for the possibility of refusing to receive an inheritance, but if the heir decides to formalize it, then all its pros and cons go with the inheritance. What to do? How to refuse? What could this lead to? You can find answers to all these questions in this article.

Is it possible to refuse part of the inheritance?

Yes, the law allows you to renounce inherited property. Civil Code of the Russian Federation, Article 1157 Part 1 states that the heir has every right not to accept the inheritance, but can transfer it in favor of other heirs or without indication.

More often, renunciation of heritage occurs of one’s own free will and it is individual, occurring due to one’s own circumstances. Whatever the reason for refusal, the heir may not accept the inheritance both by law and by will.

Note! When an incapacitated person acts as an heir, the abdication must be confirmed by permission from the guardianship authority. Even when the inheritance is accepted, it can only be given to another heir, if he is not deprived of such rights.

Conditions for renouncing part of the inheritance

Each of the heirs has a chance to seize the inherited property. Non-acceptance is subject to the following conditions:

1. Refusal can only be made in full, that is, from the entire part of the inherited property. It is impossible not to accept any particular part of the inheritance, but at the same time take another part.
2. Non-acceptance is carried out without any imposed conditions or reservations.
3. It is prohibited to force other heirs to renounce their share of the property.
4. Approval of the refusal of a share of the inheritance despite the decision of other heirs.

The law sets restrictions on renunciation:

• it is impossible to alienate inherited property if it is escheated;
• it is impossible to refuse the obligatory share when there is a specific heir and he is determined by law;
• the will contains clearly defined persons and their shares, the testator’s bequeathed property will be transferred exactly according to his instructions;
• it is impossible to transfer a share of property to third parties who are not specified in the will or are not legal heirs;
• unworthy heirs also do not have the right to abdicate in their favor.

How to formalize the refusal of part of the inheritance?

After making a decision to renounce, you need to prepare papers and go through the appropriate procedure with a notary.

To formalize a refusal, you need to know the entire process of its registration, namely what documents are needed, what the refusal can lead to, its cost and timing. We will examine this issue step by step in the article.

Procedure

The first step is to contact the notary who opened the inheritance case. This can be either a private or public notary office. If a case has not been opened, then you can go to any specialist.

You need to have the necessary package of documents with you. At the office you will need to write an application for refusal, a notary will help you draw it up and register the expression of will. If the abdication occurs in favor of another heir, then this information must be indicated in the application.

Note! In order not to visit the notary in person, you can issue a power of attorney to a third party, or send the documentation for the refusal by mail. But in one and the second case, the signature on the application must be notarized.

Required documents

The required documentation for renunciation is the same as for registering an inheritance, the only difference is the essence of the application:

• application with information about the refusal;
• death certificate;
• certificate from the last place of residence of the testator;
• papers confirming blood ties;
• taxpayer identification number;
• documentation confirming that the property was assigned to the testator;
• extract from the house register;
• information about the real estate valuation performed;
• a will, if one has been drawn up.

How to submit an application for refusal?

You can confirm your will to reject the inheritance with the help of an application. Such confirmation is drawn up in writing, indicating the refusal of inheritance in favor of third parties or without indicating them.

When writing this document, you should adhere to the official form, without reservations or ambiguous phrases, the wording is extremely precise.

The completed application must contain the following information:

• information about the notary: last name, first name, patronymic, location - address;
• information about the heir: full name, place of residence, telephone number;
• information about the trusted person (if there is one);
• information about the testator: full name and date of death;
• text in the application for rejection in any form;
• information about the person in whose favor the abdication is being carried out (or without her indication);
• signature and date.

Cost and terms of refusal

The period for revocation is the same as for entering into inheritance. The law establishes a period of six months from the date of death of the testator. Accordingly, an application submitted to a notary after half a year has passed is no longer accepted.

As for the cost of renunciation, it is impossible to say the exact amount. Considering that in each region of the country prices for such services differ from each other. In this case, payment is made only for the notary’s work provided.

Let's celebrate! To sign and register the application with a notary costs 100 rubles. And the remaining costs depend on the completed manipulations carried out by the notary himself. The maximum cost for certification of refusal should not exceed 1000 rubles.

Consequences of refusing part of the inheritance

Before you renounce your heritage, it is worth thinking and discussing all the pros and cons.

Because the rejection of heritage is an irreversible process, it can lead to:

• the right to property cannot be returned;
• if the inheritance is due to young children or incapacitated persons, then in this case confirmation of rejection from guardians or parents is required;
• debts are transferred along with property, it is impossible to separate from them;
• property transferred by will can only be transferred by a person in favor of the “intended” other person; refusal for the benefit of other persons is considered unlawful;
• It is also possible to renounce an inheritance if the previous heirs have already renounced the property.

Having fully accepted the heritage, there is the opportunity to abandon it. But this procedure can be carried out within six months and only through the court.

Recognition of an inheritance is considered to be: provision of a certificate, preservation of property, maintenance of the inheritance. However, it is worth considering that in this case it will be very difficult to carry out rejection and it will not always lead to a positive result.

Rejection of inheritance is an act of an heir regarding inherited property. Any heir can commit alienation if his share is not obligatory. The list of documentation is the same as for accepting a heritage.

How to refuse part of an inheritance?

Answer: The right to refuse inheritance is provided for in Art. 1157 Civil Code of the Russian Federation. It is necessary to write a statement of refusal within six months from the date of death of the grandmother and send it to the notary’s office. There is still an opportunity to revoke this refusal before the expiration of six months.

Refusal of inheritance by will

You can refuse an inheritance or part of it both by law and by will. Despite the fact that the deceased indicated in the will the heir to whom he wanted to transfer his property, the latter may not accept it. No one has the right to force him to accept the inheritance.

So, if there is a will, but the successor does not intend to enter into inheritance rights, then the refusal must be declared within six months from the date of death of the testator. You can refuse to receive an inheritance in favor of another heir or without specifying one (Article 1157 of the Civil Code).

Refusal of inheritance by law

In the absence of a will, the property passes to the heirs according to law (the order that is called for inheritance). However, if one of them does not want to receive it, then he has the right to refuse.

How to refuse part of an inheritance

The refusal of the heir to accept the inherited property constitutes certain actions. In accordance with Art. 1159 of the Civil Code, one of the ways of refusal is to submit to a notary an application to renounce one’s share.

Such an application is sent to the notary’s office, where the inheritance case is opened, or is given personally to the notary. The heir must sign the document with his own hand. It is possible to submit an application through a proxy. But the representative must have a power of attorney with the right to sign documents on behalf of the heir.

Deadlines for refusal

A citizen must submit an application for his refusal of inheritance within 6 months from the date of opening of the inheritance. The inheritance opens on the day of death of the testator. The assignee also has the right to revoke the refusal if he changes his decision, but this must be done before six months have expired.

Application form for renunciation of inherited property

There are two options for an application to renounce part of the inheritance. Let's look at them:

Refusal in favor of another heir.

Here we are talking about the refusal of one successor in favor of another, as a result of which the share of the second increases. In this case, the application must clearly indicate the full name of the heir to whom the share is added.

In this situation, the person simply reports the refusal, without specifying who will get his part. The abandoned share is distributed in equal proportions among all other heirs.

To understand what a sample application looks like, below is an example.

Documents for drawing up an application

In order to correctly write an application, it is better to contact a notary. You will need documents on the basis of which the application is drawn up. You need to have with you:

• Passport;
• Will;
• Death certificate;
• Property documents.

In principle, the above documents will be sufficient to write a refusal. Before signing the application, you need to check your full name, residential address, date of death of the testator, details of the will, and the list of property that the heir refuses. After reading the application, the person puts a signature, the authenticity of which is certified by a notary.

Please note that if the refusal is in favor of a specific heir, then it is also important to check that his details are correct.

Cost of application for refusal

An application for renunciation of inherited property is subject to a small state duty - 100 rubles (clause 21 of Article 333.24 of the Tax Code). The duty is paid through banking institutions, which is confirmed by a payment receipt.

In addition, a notary may charge a fee for his services for preparing a draft document; as a rule, it is determined by agreement.

Consequences of an heir's refusal

Before giving up property, you need to understand what consequences await the heir. There are some nuances that a person may not be aware of:

1. After the expiration of 6 months, it will be impossible to revoke the refusal. The inheritance will be issued in the name of those successors who accepted it. After which they will be able to fully manage the property: sell, donate, exchange, etc. The heir, who once wrote a refusal, will no longer be able to return anything.
2. It is impossible to renounce only part of a specific property and at the same time accept an inheritance for other property of the deceased. All rights and obligations of the deceased are inherited. By refusing his due share, a citizen in this way loses everything else. This means that you cannot refuse a mortgage on an apartment, but still qualify for a house or car.
3. If a person who is declared incompetent, has limited legal capacity, or is a minor renounces part of the inheritance, permission from the guardianship authorities is required. These government bodies are called upon to protect the interests of the least vulnerable categories of citizens who may not fully understand the consequences of their actions. For this purpose, legislators introduced a rule requiring the consent of the guardianship council.

Invalidation of renunciation of inheritance

It often happens that citizens refuse their allotted share under the influence of violence, pressure, deception, blackmail, and threats. Of course, under such circumstances, a refusal of inheritance may be considered invalid. But this fact has to be proven in court.

To do this, a claim is filed to declare the refusal of inheritance invalid. Mere words that the heir was misled or deceived will not be enough for the court. We need significant evidence, witness testimony that the application for refusal was not signed of one’s own free will. If the citizen refused, and later simply changed his mind, then the court will not satisfy such demands.

Refusal of part of the inheritance

The heir may refuse the entire inheritance. But can he refuse part of the inheritance? Russian legislation gives a clear answer. In accordance with Article 1158 of the Civil Code of the Russian Federation, refusal of part of the inheritance due to the heir is not allowed.

General rules for refusal of inheritance (part of inheritance)

This means that the heir, within the limits of any basis of inheritance (by law or by will), cannot accept only part of the inherited property due to him.

In particular, if an heir inherits by will property consisting of an apartment, a land plot and a garage, then he does not have the right to accept only the apartment and land plot, but not the garage.

And also if an heir inherits by law property consisting of various types of property, then he does not have the right to accept only one type of property and refuse to accept the rest of the property included in the estate.

However, if the heir is called to inherit simultaneously on several grounds (for example, both by will and by law), then he can refuse the inheritance on one of these grounds, on several of them, or on all grounds at once.

That is, a citizen who is simultaneously an heir both by law and by will has the right to accept an inheritance both by law and by will, and also to accept an inheritance on one of the grounds of inheritance (for example, only by will), without accepting an inheritance on other grounds ( in this case, by law).

It is important to note that the legislative prohibition on the refusal of part of an inheritance does not mean a prohibition on the refusal of an inheritance in favor of several persons in parts. Such a refusal can be made in different ways.

In addition, not only the persons in whose favor the refusal is made can be named, but also specific shares in which the share of the refused heir should pass to them, or specific property that is intended for each of them can be indicated.

Examples of situations of refusal of part of an inheritance

Let's look at three examples of different situations related to the refusal of part of the inheritance. These examples, by the way, allow us to answer the question, “Is it possible to refuse part of the inheritance?”

Example 1 . The testator has two sons. Both are heirs of the first priority by law. The inheritance includes an apartment and a dacha. The apartment was bequeathed to the eldest son, the dacha was not bequeathed to anyone.

The eldest son can accept the apartment under the will and refuse to inherit by law the share in the right to the dacha due to him. In this case, the youngest son inherits the dacha.

If the eldest son accepts the inheritance both by will and by law, he will receive an apartment by will and by law a 1/2 share in the ownership of the dacha, and the youngest son will receive only a 1/2 share in the ownership of the dacha.

Example 2. There is a single heir both by will and by law. All property is bequeathed to this sole heir. He may refuse inheritance by will, but accept inheritance by law.

If the inherited property is due to the heir under several wills (a will for a house, a testamentary disposition for a deposit, etc.), then in the event of refusal to accept the inheritance for any reason, he must indicate this intention in the application for acceptance of the inheritance under each will .

Example 3.

There is a son to whom the testator bequeathed a car and a plot of land, he can refuse the inheritance in favor of his mother and sister, called to inherit by law, without indicating shares, with indication of shares (for example, mother 3/4 and sister 1/4 of the property bequeathed to him), with indicating specific property (for mother - a plot of land, for sister - a car). Then in the first case, 1/2 share in the right to a car and 1/2 share in a land plot will be transferred to the mother and sister in the order of incremental shares, in the second case, each will have the right to a car and a land plot in the shares indicated by the son, in the third - a plot of land will go to the mother, and a car to the sister.

Refusal of part of the inheritance

The recipient's reluctance to accept the inheritance prescribed by law or bequeathed is his right , regardless of the grounds for inheritance. This means that no one can limit him in this.

If the recipient is entitled to inherited property on several grounds provided for by the Civil Code of the Russian Federation, then he has the right :

• accept items on all grounds or selectively (one or more);
• refuse inherited property on one of the grounds or on all.

When renouncing such property, the legislator does not limit the heir, that is, the latter can choose to renounce the property completely or from that part that is provided for on one or another basis. At the same time, the heir cannot refuse a specific part of the inheritance.

In practice, a recipient who inherits for several reasons is required to write a statement to a notary indicating the specific basis and the property that he wants to give up. In this case, it is advisable to indicate each basis of inheritance and the fate of the inheritance according to it, in order to avoid confusion in the future.

Valentina Matveevna had three children: Svetlana, Maxim and Dmitry. During her lifetime, she wrote a will, according to which she bequeaths ½ of her house to her grandson Ivan, and the other part to her daughter Svetlana.

After the death of the testator, Svetlana became the heir by will (1/2 of the house) and by law (1/3 of the land). Maxim and Dmitry also received 1/3 of the land.

However, Svetlana and Ivan did not have time to enter into the property due to them, since both died in a car accident. Maxim and Dmitry inherited in equal shares 1/3 of Svetlana’s land plot, as well as a residential building, which Ivan inherited from his grandmother due to his mother’s refusal.

Refusal in favor of another person

The recipient has the right to refuse inherited items in favor of other citizens by will or law who are not deprived of inherited property, or inherit by right of representation or transmission. This list is exhaustive, that is, refusal in favor of an outsider (who is not the heir of the testator is impossible).

The legislation of the Russian Federation does not allow heirs to refuse inheritance that:

• is bequeathed property distributed entirely among the recipients. This is due to the desire of the legislator, when deciding the fate of the inheritance, to take into account as much as possible the opinion of the testator , which is reflected in the will. At the same time, no one can deprive the heir of the right to refuse inheritance. He can refuse, but without specifying a specific person. This part will be divided among the remaining heirs;
• is a mandatory share (minor children, disabled spouses, children, and dependents are entitled to it). The prohibition on refusal in this case is due to the purpose of such an inheritance - to provide for the financially and socially unprotected part of the heirs, and it also limits the testator’s freedom of will.
• may be transferred to a designated heir.

Ways to refuse part of an inheritance

According to Part 3 of Art. 1158 of the Civil Code of the Russian Federation, refusal of a part of the inheritance due to the heir is not allowed.

In the civil legislation of the Russian Federation there is a clause in case of inheritance on two or more grounds; in this case, the heir can refuse the inherited property on one or more grounds , with or without indicating a specific person. This rule also applies in the case of acceptance of the transferred property.

Inherited property that is assigned to the heir for at least two reasons is considered as separate parts to which a separate legal regime may be applied. In this regard, he may refuse :

• without specifying a specific heir;
• in favor of one or more heirs, the number of which should not exceed the number of grounds for inheritance, the relationship was renounced.

It is prohibited to split up inherited items that are due to the heir in the interests of civil law ; therefore, refusal of part of the inheritance is not permitted. This rule applies only if there is one basis for inheritance.

In order to renounce an inheritance, you must submit an application to a notary at the place where the inheritance was opened. If the application is submitted not personally by the recipient, but by another person or by mail, then the signature on the application must be certified by a notary.

The application for renunciation of inheritance must indicate :

• given by the notary (last name, first name, patronymic, location - address);
• information about the heir (full name, place of residence, telephone, email);
• information about the principal (if any);
• date of death and last name, first name, patronymic of the testator;
• a clause about the impossibility of returning an inheritance abandoned by the heir;
• data of the person in whose favor the refusal was made (if necessary);
• date and signature;

Consequences of refusing part of the inheritance

In accordance with paragraph 3 of Art. 1157 of the Civil Code of the Russian Federation, refusal of inheritance cannot be subsequently changed or taken back.

After the recipient has submitted an application to renounce part of the inheritance to a notary, before the expiration of the period for acceptance of the inherited property, he is not obliged to :

• maintain inherited property;
• ensure its safety;
• carry out its repair;
• make various payments regarding the inheritance.

That is, the renounced heir loses his responsibilities regarding the inheritance. If there is a refusal of inherited things, then it cannot be subsequently canceled by the heir . This procedure is carried out only once and subsequently it is impossible to return the share in the inherited property, that is, the refusal is unconditional.

The refusal must be issued in the form of a statement certified by a notary, otherwise such a document will not have legal force.

Subsequently, it will not be possible to replace the submitted application , since it expresses the subjective right of the heir, but it can be challenged in court by being declared invalid. After filing an application for refusal, the heir does not have the right to claim part of the inheritance mass.

Is it possible to refuse part of the inheritance?

You can renounce an inheritance by submitting an application for renunciation of inheritance to a notary at the place where the inheritance was opened. In the application, you can refuse the inheritance in favor of a specific heir if possible (directed refusal), or refuse without specifying the addressee.

You may not take any action at all and the inheritance will be considered not accepted.

You can accept an inheritance within 6 months from the date of opening of the inheritance; the date of opening of the inheritance is the date of death of the testator. That is, the day of death of the testator is the day of opening of the inheritance and from this day the heirs have 6 months to accept the inheritance or refuse it, no matter whether you inherit by will or by law.

If you accepted an inheritance, that is, submitted an application for acceptance of the inheritance to a notary before the expiration of 6 months allotted for acceptance of the inheritance, then you have the right to refuse it, but again, before the expiration of 6 months from the date of opening of the inheritance, you are granted this right by law. But if you accepted the inheritance and 6 months for accepting the inheritance have expired, you did not refuse the inheritance within the allotted 6 months, then after the expiration of these 6 months you will not be able to refuse the inheritance.

Be careful, because if you refuse the inheritance, you will not be able to accept it back; 6 months have not even passed since the date of acceptance of the inheritance.

Know that, based on paragraph 2 of Article 1158 of the Civil Code of the Russian Federation, refusal of inheritance with reservations or under conditions is not possible.

Also, on the basis of paragraph 3 of Article 1158 of the Civil Code of the Russian Federation, an heir who refuses an inheritance does not have the right to refuse part of the inheritance. That is, let’s say, for example, a car and an apartment go to the heir. But the heir decided to inherit only the apartment and give up the car.

In this case, we are considering a situation where, for example, a car and a house in a village were transferred to you in a will, you cannot give up only the house or only the car if you inherit some property on one basis, that is, by will or inheritance , then it will not be possible to refuse part of the inheritance. You have the right to refuse only the entire inheritance transferred to you for a specific reason.

But there is another situation. After all, it happens that not all property is bequeathed and the car is bequeathed to you, but the apartment is inherited by law.

The law provides for this in the same part 3 of Article 1158 of the Civil Code of the Russian Federation, this part states that if an heir is called to inherit on several grounds, say simultaneously by will and by law (you can also inherit by way of representation or by the right of hereditary transmission ), then the heir has the right to refuse the inheritance due to him on one basis, on several or on all grounds at once.

You see, if you have the right to enter into an inheritance for several reasons, then you already have freedom of choice and in other words, here you essentially have the right to refuse part of the inheritance, that is, for one of the reasons.

For example, you have been bequeathed a car (it goes to you under the will) and also by law you inherit an apartment.

If you don’t like the car that is passed to you under the will, then you can safely refuse it, that is, in this case, you will refuse the inheritance that passes to you on one of the grounds, in this case, under the will.

But this does not mean that you cannot inherit the apartment by law, because for this specific reason you did not refuse to inherit.

But if the apartment was bequeathed to you, and the dacha is inherited by law, then in this case you inherit on two grounds and you can refuse the dacha by law and accept the apartment by will, or vice versa, here you have a choice, since you enter into an inheritance for two reasons at once.

This is how the situation turns out, it all depends on whether you inherit on one basis or on several, and from this it is necessary to draw conclusions whether you can accept part of the inheritance or not.

I hope the article was useful to you and you understood this issue. You can also ask any points that were not clear to you on our website.

Refusal of inheritance in favor of another heir in 2023 - sample application, how, and whether, it can be drawn up, parts, price with a notary

Refusal of inheritance is possible only in favor of a limited number of persons, namely those who have such a right under a will or law or through representation.

As a general rule, it is carried out in relation only to the entire property; part of it can be rejected if some objects went to the recipient due to kinship, and others - by the will of the person who left them (two different reasons).

Refusal of part of what was received is generally not allowed. This cannot be done even for close relatives. For this reason, in general, the recipient will need to reject the entire property.

• The exception is the situation when this person acquired such status on two grounds at once, inheritance and will.
• In this case, it has the right not to accept the property that is due to it in one of these two orders.
• Thus, he can take what the previous owner left to him by his own will and transfer to other persons what passes to him by law.
• There are two options for refusing an inheritance in favor of another heir; the presence of such varieties is due to the fact that part of it can be rejected only in the case specified in the previous section:

For what reasons is it carried out?

Among the reasons why someone who has received property may refuse it, it makes sense to mention the following:

Composition of the transferred	Includes significant debts
Registration of received property	Requires significant costs on the part of the person
The cost itself is low	Therefore, the costs of obtaining it, although they are not too great, make its adoption pointless
Obtaining an agreed share of the property is difficult	A wealthy person may refuse to receive part (a quarter or less) of a small apartment, since the costs of this property will not pay off for him
It includes the property	Which is in a condition unsuitable for habitation
This person permanently lives in the area	Which is very distant from the one where the inheritance was opened, which is why it is irrational for him to try to get it

For whose benefit can it be done?

Refusal may be made exclusively in favor of:

• a living person at the time of drawing up the document;
• including the child who is in the womb at this time.

In this case, such a person must be among the heirs mentioned in the will or entitled to receive a share by law.

There is a list of persons to whom it is impossible to transfer property received in this manner. These include:

Persons who do not have the right to claim such property on any of the standard grounds	Including - according to the law, in accordance with the will document, through representation or transmission, in other words, when the heir, for one of the permissible reasons, died and another person receives this status instead of him
Those whom the previous owner excluded from the will by his will	—
Applicants viewed as unworthy	This number includes: persons who were guilty of illegal acts, the purpose of which was to gain the opportunity to become one of the heirs, to increase the part of the property going to them; those who committed crimes to open an inheritance; also persons who have lost parental rights; who committed malicious evasion of responsibilities for the maintenance of the person who left the property

How is this procedure done?

There are the following requirements that must be met for the refusal procedure:

This can only be done within six months after opening	After this, it must be formalized with the appropriate costs and any objects must be transferred through a gift agreement
Restoring such a period is generally impossible.	Although below will be a situation where this is allowed

The recipient has the opportunity to transfer property to persons of any priority. However, a minor cannot independently perform such an action.

A similar procedure in relation to the property received by him is carried out only by his legal representatives or by persons who, by court decision, exercise supervision over him.

In addition, in such a case, it is necessary to involve the guardianship and trusteeship authorities in the transaction, which must verify the details. That the rights of the minor have not been violated.

It is worth remembering that there is no formal obligation to draw up such a document. The reason is that by law they are not obliged to enter into an inheritance (such a debt exists only among government agencies in relation to escheatable property).

Therefore, anyone who does not want to receive property is strongly recommended to confirm this fact with a notary. The latter will insist on formalizing such a one-sided deal.

On the contrary, a person who previously took certain actions aimed at obtaining his share, but subsequently changed his mind, is certainly obliged to draw up a refusal.

If this does not happen, then it will acquire all obligations in relation to its part of the assets, including it will be required to make related expenses.

The main method of registration is to contact a notary. A person who does not want to accept property can draw up a refusal from this specialist in person.

However, actions through intermediaries are common, the reason for this is that the case of property transferred to other persons is opened either at the place where the testator lived or where the property is located.

In this case, there is another option. The applicant applies to a notary whose office is located near his place of residence.

There the paper he needs is drawn up, which is then sent to a similar specialist at the place of residence of the testator or the location of the property.

The second registration option involves going to court. It is this department that is authorized to make a decision if the heir first actually accepted the property, which meant that he:

• carried out actions designed to preserve the value of the property and maintain its condition;
• carried out operations to maintain the facility, and then changed his mind before six months had passed.

A similar right is also granted as an exception after 6 months. This relief is allowed if, for example, the refusenik received an apartment and actually used this premises, while he paid the required amounts for utilities.

It is stipulated that in this case, he will need to confirm that previously (within the established six months) he did not have the opportunity to engage in this matter.

Correctness of the application (sample)

This statement does not have an exact form, since it is not provided in the law. However, notaries in practice use the popular version of the form.

It includes the following elements:

From the very top right - hat	It contains: name of the notary office; her address; last name, first name and patronymic of the document's originator; his place of residence
Next in the center is the designation of the document itself	Which they write “statement of renunciation of inheritance”
Then comes the main part	Written in the first person: first, the author again gives his full name and writes - “I, Ivanov Ivan Ivanovich”; Next comes the action - “I refuse the part of the property due to me”; Next, the testator is indicated, his full name is given, and the degree of relationship is specified; TBD when he died
Below is the date of compilation	—
The paper is running out	Signature with transcript

What documents will be needed

Along with the application discussed in the previous section, the objector will also need to provide:

Own passport for identification	If the action is carried out by a representative, then, along with a similar document, he will also need a power of attorney, which states that he is authorized to carry out this particular action
A document confirming that persons related to this transaction	There are closely related relationships, among other things this can be a birth and marriage certificate
Confirming the death of the testator	—

Notary registration fee

How much it costs to refuse to accept property depends on who the applicant applies to. Registration of such an action by a notary will cost only 100 rubles.

1. If he missed the due date and needed to file a lawsuit for this purpose, then the amount of the fee will increase to 300 rubles.
2. Thus, in the standard case, the heir has the opportunity to refuse only the entire property as a whole; the opportunity to reject only part of it arises only in a situation where he received one share by the will of the testator, and the other by law (on two different grounds).
3. Such an act can be performed only in favor of persons mentioned in the will or included in the number of heirs by law.
4. This action is certified by a notary, who must be contacted no later than six months after the opening of the inheritance.
5. In a situation where this period has expired or before, but if the recipient has performed certain actions that suggest that he has accepted the property, he will need to file a claim in court.