Can you give up your inheritance after acceptance? How do you do that?

Refusal to inherit after acceptance of the inheritance: order and timing; never before has it been proved that the abandonment of the inheritance is a very real practice.

The procedure for such an event involves a number of rules, and we will try to understand them now.

Rules for the waiver of recognized inheritance rights

The filing of a correct application, followed by the receipt of a supporting document on the right to inherit, implies the acceptance of property rights.

All definitions relating to this issue are shown inarts. 1157.2 and 1152-1154.

It is in his favour that such a procedure is possible and legally authorized, but there are time limits to submit such a document for consideration no later than six months.

The countdown begins on the date of the death of the testator.

The time limit is not extended, and therefore, due to any circumstances, everything must be completed within the time limit specified.

Yes, there are exceptions to each rule: in order to extend the time limit, it will be necessary to prove its reasons for a respectful passage through the court with documentary evidence.

All other actions are in accordance with the rules, as they were before the inheritance was taken.

Information should be provided in the applicant ' s document:

• About the heir and the testator;
• List of inheritance rights;
• The location of the inherited property;
• Refusal to refuse;
• signature.

The statement is certified by the notary in charge of the inheritance case.

Repository waiver

It is the duty of the citizen to whom the share of property inheritance has been allocated to process the testator ' s testimonial refusal.

Such an action involves the performance of certain tasks by a citizen who has inherited the inheritance.

Article 1137 of the Russian Criminal Code lays down all the principles of the act and the content of the act.

1. This type of waiver (intestate) implies that the heir (one or more) is bound by the heir of the property.
2. The obligation to do so must be met through a share of the property received as part of the inheritance, which began with the death of the owner of the property.
3. A person who has a statutory right to claim debt payments from the heir who has passed on to him as part of the inheritance shall become the rejected recipient.

Such a citizen is obliged to confirm his or her status in accordance with the law.

Formation of the inheritance refusal

The investigator has the right to register the refusal of a will in favour of a person who is the heir, which concerns persons who have access to any succession procedure.

As the law explains, such a refusal is possible:

• In the transfer of the inheritance to any heir, the order of succession is irrelevant;
• In favour of persons who have not lost their inheritance;
• Relatives (other persons) who are eligible for inheritance;
• Refusal of the final death of the heir until the opening of the succession case.

Lack of transfer rights

• If the non-inheritor is denied any line;
• According to the will, the property was transferred to a certain person;
• When the inheritance is a legally binding share (under 18 years of age, unable to work (dependent persons) and relatives);
• When the heir of the appointed heir has been appointed;
• Prohibition of any reservation or condition in the text of a refusal.

Opportunities to refuse succession after 6 months

Many are interested in the possibility of filing an application for the waiver of inherited rights after the end of the six-month period.

As already stated above, such activities are accessible to the courts and only if the reasons for the pass are documented.

The acquisition of property rights is generally irreversible.

The calculation of the total period of relinquishment of inherited rights is based on similar grounds, which are considered upon receipt (entry) of these rights.

The time limit for refusal or entry is six months from the date of commencement of the inheritance case.

The opening of the case shall be in accordance with:

• Date of death of the heir;
• The date of receipt of the judicial expert ' s decision on the death of the person, if it is not possible to establish that fact.

Consequences of refusal

With the procedure for the withdrawal of a part of the succession, it is almost impossible for a waiver to be granted as soon as possible.

This is defined in article 1157.3 of the Criminal Code of the Russian Federation, which is based on the expression of the will of the heir without coercion.

By refusing to inherit before becoming legally relevant, a person is in a better position.

No more notarization will be required here, and it is enough not to go through the process of succession.

1. In the event of a change in one ' s own decision, the person has the right to restore the duration of the inheritance rights and to inherit property.
2. In the case of the officially acquired property from which the decision to refuse has been taken, the applicant will be required to perform the order.
3. The heir has the right to refuse only the entire estate of inheritance to which the citizen is entitled.
4. Partial acceptance of rights is not supported by law.

To put it simply, by entering into the inheritance of the dwelling (the estate), the heir will not be able to exercise the right to waive the existing debts on the heir's payments, which means universalization of the inheritance – the transition to the heir in full strength.

Refusal of inheritance

Renunciation of property means only two types of development:

1. Segregation of the share of inheritance among the existing heirs (GC, art. 1161).
2. Conversely, the transfer of property to the treasury in the absence of heirs (GK 1151).

How do you get a rejection through a notary?

In order to give legal effect to his refusal, the heir must contact a notary at the place where the deceased was registered or where the will was made.

A non-believer writes a statement, and the law does not require the person to whom the inheritance is converted to be identified.

• If the application is rejected by mail or by a representative, the applicant ' s signatures will have to be notarized.
• The person representing the applicant ' s interests must have the appropriate power of attorney and must specify the authority to file the refusal.
• A disabled citizen also has the right to refuse his or her part of the inheritance, and his or her registration takes place, as does the minor, with the permission of the relevant authority, the guardianship.

Refusal to a certain person

By contacting the office of the notary, the citizen shall issue a waiver of the inherited rights passed on to him or her by means of an indication of the person to whom the procedure is directed.

Otherwise, without such an indication, property rights will be divided by equal shares between the heirs who are considered heirs of the order and the person who refuses to inherit.

Time limits for processing

The application must be filed within six months of the death of the testator, which may not be cancelled before the expiry of that period.

Cost of refusal service

Refusal to inherit is a service provided by a notary at an appropriate fee:

• The payment to the Government of the close heirs of the first rounds will be equal to not more than 100,000 roubles (0.3 per cent);
• State of the remaining beneficiaries, not more than 1 million roubles (0.6 per cent);
• The certificate of application – the waiver of inheritance – is 500 roubles.

It is worth considering the possibility of additional costs in cases where a notary has to make additional inquiries at various levels; as a rule, the cost of a single request is 50 rubles.

How can a refusal be declared null and void?

1. In accordance with the legislation in force, the procedure for invalidating the waiver is not possible.
2. The only way to challenge such a refusal was by resorting to the judicial authorities.
3. In considering the procedure for invalidating the refusal of inheritance under the law, such an act is considered to be a transaction that can be declared null and void if there are serious grounds for doing so.

Such serious grounds for invalidation are:

• Failure to fully assess the complainant ' s actions during the preparation of the application for waiver of succession;
• The application was made at the time of the applicant ' s error;
• Making a statement under threat of violence or deception.

In order to obtain a true verdict, all possible evidentiary documents must be submitted by the heir, such as:

• Notes;
• Documents;
• Witness testimony, et cetera.

The evidence must be incontrovertible, since in the process of considering a claim for the invalidity of a refusal, the applicant will be opposed by a notary who was directly involved in the certification of the refusal.

The decision of the judicial authority declaring the refusal null and void, and the heir automatically restores it to the estate of the deceased.

Refusal of inheritance after application for inheritance in 2023

And if you do not give up your inheritance after you have made an application for it, then you will not be able to give up your inheritance after you have made an application for it, nor will you be able to give up your inheritance after you have paid the full amount of maintenance, nor will you be able to give up your inheritance.

Can the inheritance be abandoned upon application for succession after acceptance?

All cases relating to the opening of the inheritance, the receipt of the inheritance or the refusal of the share due are based on the law; article 1153 of the Civil Code of the Russian Federation clearly stipulates that the person taking the inheritance is:

• The applicant;
• The holder of the certificate of ownership;
• Changed property rights;
• He paid the deceased's debts.

Refusal to inherit after its adoption has a number of characteristics: the law has established a six-month period for the filing of an application; if not, there will be no liability for the inheritance; if there are no heirs, the property will be transferred to the State; but if the application is already written, the necessary actions provided for in the law must be carried out.

Refusal after application for a certificate of right to inherit

Six months are given to the heirs in order to collect documents, file an application, wait for relatives to react, find a will, and the same six months are designed to gather information and decide whether or not to file.

If asked by a professional lawyer whether it was possible to renounce the inheritance after it had been accepted, the answer would be as follows: until a certificate was issued, it could be refused at any time.

It's very important not to miss all the deadlines, or we're gonna have to sue.

Without actual inheritance, where the owner ' s rights have been rewritten, it is easy to reject it; in the case of legal practice, after the death of a relative or a foreign testator, the happy heir turns to a notary office; after time it turns out that real estate is burdened with debt, utility payments have not been paid for several years.

To ensure that the receipt is not a major expense, it makes sense to make sure that the inheritance will not become a financial hole in the family budget.

However, this is necessary if it is necessary to refuse at the stage of certification of inherited property.

Refusal after inheritance

In accordance with the rules of succession, a certificate of inheritance is issued in six months ' time; the problem arises when the state of affairs becomes known when the property is re-formed and marked in Rosreest, in which case it will not be possible to go to the notary office and solve the problem; it is possible to refuse, but only through the court.

The procedure was complicated by the need to document the reasons for the delay, and the judge would agree with the plaintiff if the evidence was objective and the arguments justified.

The outcome of the hearing is the withdrawal of duties and responsibilities for inheritance.

To refuse at this stage, they write a statement of claim, pay a fee and engage legal professionals to guarantee success.

Reasons for refusal

The law does not define the seriousness of the refusal to accept the inheritance; the significance of the circumstances is assessed during the hearing; the heir may refuse if he proves that he:

• Was on a mission and was unable to appear and process all documents;
• Been ill for a long time, with a severe form of illness;
• was in a helpless state, places of detention, etc.

When the court examines the case file and accepts the applicant ' s side, the property will pass over to the new heir; the concept of inheritance transfer (transfer of inheritance rights) has a number of characteristics that characterize the cases described.

Whose benefit is it possible to deny?

There are two options where, after refusal, there is no indication as to who will receive the inherited values and where a successor is appointed as the heir as a result of the refusal.

The relevant authority is transferred to any of the relatives (and not only) to which the applicant will indicate; he is now obliged to prepare the entry documents and complete the procedure.

If the successor so wishes, he may also apply and refuse.

Legislation allows for the rejection of third parties if they meet the following requirements:

1. They are the heirs of the law, regardless of priority.
2. They are specified in the will, but they cannot claim in the normal manner.
3. The deceased ' s property would have been taken later had it not been decided not to do so.

The latter paragraph suggested that the application referred to the transfer of inheritance rights to the plaintiff ' s heirs, i.e. his children, his wife, mother, brother, sister, etc. It was not possible to transfer the inheritance to random people outside the law and the will, but only by judicial means, with the participation of a lawyer.

Waiver of mandatory share

The Civil Code (art. 1158) states that it is not possible to waive a compulsory share of the inheritance; if it is not possible to enter within a specified period of time due to the inability to pay debts, the property is reserved and this can be done later.

Let us recall that the period established by law is six months, counting from the date of departure from the life of the person whose property is inherited.

This is part of the inheritance granted to socially vulnerable categories of citizens, and if they have material difficulties, they can apply for a grant, a subsidy, etc.

How can you give up your inheritance after you've inherited it?

The mechanism suggests that you can refuse only through a court of law. You have to file a lawsuit. The aim is to get a solution to the problem from a notary, like you could before you actually took your inheritance. To do so, you get the deadline back, even if you have to hand over the inheritance to another person in accordance with the law. The task is to convince the judge that the pass is justified. And when the period is extended, it's enough to apply to the notary to give up the deceased's debts.

Mode of action

The evidence is being prepared and the documents submitted to the court must indicate that within six months of the discovery of the inheritance, the claimant was unable to become a full-fledged owner in a timely manner. All the papers have legal force.

1. A statement of claim is filed.
2. State duty is paid.
3. A hearing shall be held on a day fixed by the court.
4. It's a matter of order.
5. An application is being made to a notary office.

The claim does not specify who will claim the deceased ' s inheritance, and all inheritance rights are later specified in the application, and a notary will have to be paid to refuse.

Documents required

In the case of an application to a court, documents of identity, grounds and evidence are presented, and the passport is required for any application, whether a notary or a court, and it is important that it is not expired. Each paper has a limited period of validity and has a number of binding attributes guaranteeing recognition as a legal document:

• Date and city;
• The addressee ' s details;
• The applicant ' s details;
• Name (statement);
• A text requiring refusal;
• A list of the documents attached;
• The plaintiff's signature.

Based on the situation in which you have to give up your inheritance, you write different statements. The lawsuit triggers a lawsuit. When you get a ruling, you have to make a new application, now you're not a notary. Consider both cases.

Statement of claim

The heir shall make a written request for the examination of his case and the decision in favour of the plaintiff.

• A receipt with bank marks indicating the payment of State duties and taxes;
• The statement itself, with a detailed description of the situation, grounds for questioning its legality, legal grounds;
• Succession documents (copy of application, certificate, transport document, cheques and receipts).

There are other documents that may be required, but all depends on the case. It is desirable to have legal advice before filing a complaint.

The text does not have to be personal or lyrical; dry facts and arguments based on specific articles of the law are the only means of achieving the goal. Formally, four parts must be distinguished in order to give up the inheritance on the application:

1. DescriptionIt lists all the factors prior to the submission of the application; it does not indicate why there has been a desire to avoid the seemingly obvious benefit, but it is necessary to point out that it is not possible to issue documents in a timely manner.
2. LegitimateReference is made here to the articles of the law that indicate that there is a need to extend the time frame, to reverse the decisions taken by the default; at this stage, the assistance of a lawyer is invaluable if the applicant decides not to inherit.
3. EvidentiaryThe statement indicates the actual reasons why it became impossible to respond in time and to issue a will; the debts are not mentioned as income; only the timing; but each argument is documented and the full list of the attached documents is provided at the end of the statement.
4. :: Required...........................................................This request is to extend the time frame and allow the processing process to be reopened.

The purpose of the application is to obtain a stay, and the decree repeals all previous decisions, allowing for the unobstructed abandonment of the inheritance.

Application for waiver

If you want to give up your inheritance debts, you have to write another statement and bring it to the notary.

• A court order to postpone the duration of the inheritance;
• A declaration expressing a desire to refuse, and not to do so;
• Identification card (effective civil passport);
• Documents proving the right to claim the deceased ' s property;
• If a will has been prepared and certified notarized;
• The testimonial of the death of the heir.

There are no exceptions to this rule: all papers must have legal force and be valid at the time of the application, with the expression of the wish to refuse.

The legislation allows problems to be solved through trusted persons.

They are professional lawyers who accompany the trustee at all stages, from the filing of a claim for extension to the declaration of will in the form of a desire to abandon the inheritance.

In this case, an appropriate power of attorney shall be issued, which shall specify the powers of the trustee, as follows:

• Collection of documents:
• The filing of a claim;
• An expression of a desire to abandon the inheritance in court;
• To obtain an order;
• A request for withdrawal has been made.

The application specifies the date of the writing and the city where the procedure in which the applicant decided not to inherit is taking place, the details of which are the names of the authority to which the application is submitted and the personal details of the heir.

The name of the document is placed under the hat, and the text is below it. The form is free but must be written in accordance with the general requirements of the law. Samples and forms are available on the Internet. Professional lawyers will help fill them out.

Rates

The amount of State duty when applying for a waiver of inheritance is 300 rubles, and it will also have to be paid for the preparation of the application, the protection of interests in the process, the notary services, the authorization, the small amount, but it has to be prepared. Tariffs change, and it always makes sense to call a lawyer and consult.

Consequences of giving up an inheritance after its adoption

Regardless of the reasons for refusal, this step has a number of consequences for the heir who has expressed a desire to abandon the heir in favour of third parties, and the successful procedure implies that the person claiming to refuse is deprived of the right to claim any part of the deceased ' s property if the property was not in common use in life.

Another thing is to give up things that used to be considered their own.

Once the deadline for acceptance, application and decision to renounce all property has expired, the person or State will be transferred to absolute possession.

Real estate also passes without restrictions, and when you write a statement, you can automatically give up housing, and it is almost impossible to dispute your own will.

Before you decide not to inherit, you have to re-weight and make the right decision, and while the claim is under consideration, there is time.

Until the notary puts a mark on the registration of the application, indicating that the applicant wishes to refuse, there may also be a change of heart.

Once the procedure has been completed, all the bequest or due will not belong to the applicant.

Is it possible to give up your inheritance after you've accepted it: rules of refusal and possible difficulties?

Not everyone inherits a solid bank account, real estate and antiques, and you can inherit debts, loans, claims from third parties, etc. Can you give up your inheritance after it's passed? You can refuse – our laws are sensitive to such a delicate situation.

Rules of succession under Russian law

Succession- It is a special legal procedure in which all property of a deceased citizen is distributed to the heirs.The heirs may be citizens, organizations (profit organizations, foundations, etc.) and even the State.

The heirs are determined either by law or by the will of the deceased person through a will or an investigation contract, and the law details the order of succession according to the degree of relationship of the heir and heir.

There are seven.of succession:From the children and parents in the first line to the stepparents and stepmothers in the last. It is worth mentioning the heirs separately. They will inherit property, even if they do not belong to the deceased's relatives, according to the law, there is sufficient evidence of residence with the heir.

But it happens that the deceased did not leave a will, and there are no heirs to his property.

The procedure of succession is referred to as the acceptance of an inheritance.There are two ways to accept property (and debt) and the first is to apply to the notary.

The second is to accept the inheritance in fact, i.e. to enter the empty house of the deceased and repair it.

Whatever way the inheritance is carried out, it must be completed within the legal time limit — not later than six months from the death of the testator.

And We have made you inheritors of the inheritance, and We have made you inheritors of the inheritance, and We have made you inheritors of the inheritance, and We have made you inheritors of the inheritance, and We have made you inheritors of the inheritance, and We have made you inheritors of the inheritance, and We have made you inheritors of the inheritance, and We have made you inheritors of the inheritance, and We have made you inheritors of the inheritance, and We have made you inheritors of the inheritance, and We have made you inheritors of the inheritance.

Renunciation of inheritance rights

From a generally accepted point of view, giving up a relative's property does not seem logical.But only at first sight is it worth recalling the rule of article 1112 of the Civil Code, which states that inheritance includes property duties, that is, debts.

Debts are often trapped in inheritance by the heirs of not the poorest people, which is understandable: to maintain a high standard of living, from time to time you have to get into debt.

Business owners often borrow from their businesses in the expectation that debts will be offset by profits from future profitable transactions.

Therefore, after the sudden death of the entrepreneur, there may well be a situation in which the testator has debts comparable to, or even superior to, the size of the inheritance.

Attention!If your relative had a small business, ask him how he's been doing lately.

Are there any claims from creditors against him, or are there any court bailiffs looking for his property? Information can be found publicly in the files of arbitral tribunals or on the website of the bailiffs ' office.

If the answer was yes, it would be useful to know whether the inheritance could be abandoned after the application for inheritance had been made.

Refusal before succession

There's a few ways to say no.Let's divide them from simple to complex:

1. The simplest way to give up unwanted inheritance is just not get it.You can say that this is an option for the lazy, because it will not be necessary to do anything, and it is sufficient to wait until the statutory six-month period for inheritance has expired, in which case the share will be distributed among the remaining heirs.
2. Another option is to go to the notary in charge of the case and write an application to refuse a share in the estate.It is possible, however, to identify in the application a person who will receive a share of the rejected heir.
3. If the heir first applied to the notary for the inheritance and then changed his mind to accept it (detecting debts),The simplest solution would be to go to the same notary office and write a refusal statement.

It is only until six months after the death of a relative that it is possible to change its decision to grant inheritance rights.

Refusal to accept an inheritance after acceptance of the heir ' s rights

More difficult is the case when the inheritance has already been accepted and the date for its acceptance has passed.

In such a situation, it is only possible to give up the inheritance after the inheritance is taken that the acceptance took place through actual actions (home residence, payment of vehicle taxes, etc.)) Refusal may be granted by applying to the court for recognition of a citizen who has renounced his or her inheritance rights.

Let's give you an example of the situation.When necessary, the lawyers were approached by an elderly woman following her son ' s property.

The son was active in the business, bought several apartments in Moscow that were rented, and died skiing in an accident.

After the tragedy, the woman had only had time to call the tenants of the apartment and report the accident, after which she was hospitalized with heart disease.

It turns out that the son owed the bank more than 100 million rubles – well above the value of all his apartments – and the bank called the debtor's apartments.

Turns out the tenants thought he owned his mother – and even transferred rent money to her card – and when the bank considered the woman who took the inheritance, it submitted its claims to her.

In this example, it ended well – the lawyers were able to prove that a woman had failed to give up her inheritance for a valid reason – because of illness. As a result, the debts did not have to be paid. Can it be said that she was able to give up the inheritance after accepting the inheritance? The answer is yes.

Help.You can't give up part of the inheritance under our law, so if you give up debts, you have to give up the rest of the estate of the heir, and in our example, the heir had to give up the apartment.

Another case is where the heirs have applied to the notary and the six-month deadline has already passed.An example is the history of the family of another deceased entrepreneur, the father of the family.

After his death, his wife and parents joined the notary and applied for inheritance.

Six months had passed and, since there were no other applicants, the relatives had made the inheritance their property.

A year later, a lawsuit was filed by the lawyers of a major investment fund.

It appeared that the entrepreneur had issued a personal sponsorship for a legal person belonging to him, in which, by the way, his wife had inherited a share.

The amount of the claim exceeded the entire value of the estate by a factor of ten, and it was not possible to give up the inheritance in this case, and it ended with the bankruptcy of all the owners of the entrepreneur.

Conclusion

So, is it possible to give up the inheritance after the inheritance, for example, in the share of the enterprise? It is impossible to refuse if the inheritance occurred by filing an application, and it is very difficult to do so by actually accepting the inheritance by acting. Without the assistance of a lawyer or a lawyer in such situations, it is not necessary.

Refusal to inherit is a difficult step that requires courage and a well-known degree of pragmaticity, but it can be the only way to avoid debt bondage instead of the expected replenishment of the family budget. You can be advised to look more closely at the estate. There are no other universal recipes here.

How the Refusal of Succession is implemented after the taking of the inheritance

The right to relinquish the inheritance after the inheritance has been passed is provided for by law; it is not always possible for successors to obtain full information on the values left after the death of the heir.

In some cases, there are circumstances in which further use of the transferred property becomes impossible; the law allows for the abandonment of material goods at any time, but sometimes it is very difficult to do so.

Consider the features of the procedure for defusing values at different stages.

Acceptance of an inheritance

The inheritance represents the process of transferring material goods from the deceased person to his or her relatives or third persons (other citizens, public, commercial and social structures).

Legitimacy rights are issued in notary offices by lawyers who are licensed to carry out such operations.

For each death, a separate folder is drawn up in which the documents required to confirm the will and authority of the deceased citizen ' s values are assembled.

The applicant must provide:

• His passport or other identity document;
• A will or a certificate of kinship to the deceased;
• An inventory of movable and immovable objects and their evaluation;
• Information on the residence permit;
• A death certificate from the civil registry;
• a statement indicating its desire to acquire valuables.

The Civil Code sets a time limit for the acceptance of property, which is set at six months from the date of the opening of the case; upon receipt of the relevant certificate, the successor must establish the title to the property acquired.

Without the paper he received from Rosreister, he will not be able to dispose of it in its entirety, and it is only possible to use the facility for a direct purpose; the State registration makes the person the official owner of the property.

It is allowed to be donated, sold, bequeathed or leased.

The necessary documents may be submitted to the notary and to the Registrar ' s Chamber in several ways, the most common and reliable being a personal visit.

In the office, the consultant helps to draw up the correct application form and form the required package.

If the successor does not have the opportunity to do so, he or she may send his or her written expression of will by registered letter, by proxy or by electronic means; such options include notarization of the successor ' s address.

The successor must decide within six months whether to accept the inheritance or to renounce it; if he does not do so within the time limit prescribed by law, he will have to defend his interests before the courts.

It should be borne in mind that only contracts and agreements issued on paper and certified by an authorized official are valid.

Refusal to inherit after its adoption

In accepting the inheritance, not all successors are thinking about whether it can be refused after its adoption.

In addition, the statutory time limits do not always allow for inquiries into underwater stones that may arise after taking possession of the property.

In most cases, they are discovered after obtaining a notary certificate, which exacerbates the situation of subsequent State registrations, which are irrevocably entrenched in property relations.

A successor may apply to a notary to reject the property acquired if it is found that it is not possible or impossible to continue to administer the property.

Subject to actual adoption before the end of the six-month period, this is done without major problems.

It is enough to write an application for voluntary disavowal of inherited values and to file it with the notary in charge of the case.

Once the legal period has been missed, such opportunities remain:

1. The successor withdraws material goods by filing an action with the court, supported by substantiated evidence, and the application is examined within two months, with the possibility of appeal to the highest court within a month.
2. The settlement agreement among the persons involved in the case is based on their written appeals to the notary, in which case the case is reopened and the material goods are redistributed.

Article 1158 of the Code of Criminal Procedure sets out the right of an heir to dispose of the values assigned to him; however, the opinion of the officials of the law is decisive, since the circumstances of each case are individual and may be treated differently.

Reasons for refusal

Refusal to inherit after its adoption may be based on objective and subjective assumptions.

The most common are:

1. Unknown until the deceased's testimony is received, the sudden discovery of a debt for a car, a loan or a private person may lead to a new interpretation of the case; the successor's financial capacity is not always commensurate with the amount of the debt.
2. Common real estate: One of the neighbours can create conditions in which living together in one dwelling becomes unbearable for the other; in such a situation, the heir can decide on eviction, with or without monetary compensation.
3. Changes in the wealth of one of the relatives under the law: For one-time assistance, successors may give up their share of the inheritance capital; this applies in the case of real estate, since when it is sold before 5 years after the case is opened, a tax of 13% of the market value must be paid.

Before a decision on remission is taken, it is necessary to know in which case the inheritance may be transferred voluntarily and without judicial proceedings.

Whose Use Can Be Refused

Once a decision has been taken to set aside the values that have been accepted, it is up to the law to determine whose benefit to do so; this section of jurisprudence has strict rules.

Refusal may be made in such ways as:

1. In relation to one or all relatives who are in the case of the distribution of wealth by law in order of priority, it is possible to write off property to a citizen who does not enter a notary ' s call.
2. For those named in the will, if the deceased has a legal document, it is prohibited to renounce the value for the benefit of third parties or legal entities holding a bank account.
3. This method is applied when the will refers to a spare successor appointed for cases where the main candidate dies, fails or renounces the benefits.

How to Resort to Succession After Entertainment

If the successor failed to dispose of the property within the statutory time limit, he or she will have to seek redress.

To this end, a statement of claim shall be drawn up and filed with the District Court, which shall include such data:

• whose name is given (postal address and authority name);
• The complainant ' s complete passport data and place of registration;
• The full passport data of the heir, the date of his death and the certificate number;
• Full passport data of the successor and the place of registration;
• List of movable, immovable and intangible assets, location;
• A desire for the transfer of material goods;
• Date and signature.

When a document is submitted by mail and through an intermediary, it shall be certified notarized with a note explaining the consequences of the act.

Consequences of giving up an inheritance after its adoption

Before reversing its desire to own the property of the deceased, it must be understood that such a decision has certain consequences; according to the Civil Code, the owner has the right to refuse only the full share.

One part of the property may not be accepted or set aside; in addition, the expression of will after six months is irreversible; it may be cancelled if there are reasons that are contrary to the law.

Such acts are coercion, blackmail, deception or incapacity of the complainant.

Refusal of an inheritance after an inheritance is a course of action

The heir, like the heir, has the rights prescribed in the law, but it is not uncommon for a person to take an inheritance, but it is possible to do so, but the procedure is in accordance with a number of rules.

If the heir finds the heir's debt, it's what he needs to pay, which is very expensive. The second common cause is conflicts with other heirs.

Refusal after taking possession of the property

Under the acceptance of property rights, a person is required to file an application and obtain a certificate of the rights of the heir, as set out in article 1157, paragraph 2, of the Criminal Code of the Russian Federation and articles 1152 to 1154 of the Civil Code.

This procedure is permitted by law, but it has six months to do so.

The dates shall be calculated from the date of the opening of the inheritance, i.e. the day after the death of the heir.

A person is required to make a written statement stating:

• Data on heir and heir;
• List of transferable property rights;
• The location of the estate;
• An expression of will concerning the abandonment of the inheritance;
• Signature certified by notary.

An application for refusal is filed with the notary in charge of the inheritance.

The heir ' s refusal to inherit in favour of another heir may be documented, but the information of that person must also be included in the application; the heir may not prescribe the reasons for his actions.

The application must be filed by a notary who is in charge of the inheritance case and the request must be registered in a special register. The application must be entered in the inheritance file as well as in the register. Only after all these formalities can it be considered that the refusal has been made legally.

Who can't be given up on property?

The rules for the waiver of property rights in favour of a person are laid down in article 1158 gp. according to the law, it is not possible to transfer the inheritance to the following citizens:

• :: Adjudication of inheritance by the courts;
• Absent the right to property in accordance with the terms of the will;
• Not specified in the will if it involves the transfer of property only to those persons who are on the document.

Refusal can only be granted in favour of a natural person. The transfer of property to public, charitable or commercial entities will not be possible.

Is it possible to refuse after the actual acceptance of the property?

It is not only through a notary that property rights can be accepted, but the fact that the heir takes possession of the estate means that the person is using the property.

It is not necessary to go to a notary office; it is assumed, for example, that a person lives in an apartment and pays for public services.

The retention of property and payment of arrears are also signs of use.

In this case, the inheritance may be abandoned, but the procedure takes on additional nuances:

• The time limit for refusal is also six months, but may be extended on pass;
• The restoration of time limits is carried out on the basis of article 1157, paragraph 2, of the Criminal Code of the Russian Federation. According to it, the procedure is carried out in a court of law; in order to satisfy the claim, it is necessary to provide valid reasons for the interruption of the time limit: long-term travel, illness; reasons must be documented; a certificate from the hospital, from work, will be appropriate;
• It is not only the heir himself, but other persons, such as other heirs, who can dispute the taking of property.

Although the acceptance of the property did not take place through a notary office, it would require an application from the notary to be refused, which is standardised.

Consequences of refusal

If a person gives up his inheritance, it will be difficult if not impossible; this rule is determined by article 1157, paragraph 3, of the Code of Criminal Procedure; it is based on the fact that the heir acts on the basis of his own will, without coercion.

A person who gives up property before it is accepted is in a better position to refuse, in which case it is not possible to turn to a notary; it is sufficient that he should not become an heir.

If you change your mind, you can restore your property and inherit it, but if the property is officially accepted, you must write a statement to reject it.

The consequences of the procedure are irrevocable.

This rule is based on the fact that inheritance takes place in a universal manner, i.e. the property is transferred to the heir as a whole; this provision contains article 1110 of the Civil Code, as well as article 1158 (3) of the Civil Code.

And who will be responsible for the loan obligation, if there is no inheritance, such situations are not uncommon, but we have already written in a separate article.

You can only give up the whole estate.

What happens to the inheritance that was abandoned?

There are two ways in which property can be abandoned:

• If there are other heirs, the share will be divided between them according to the paragraphs of article 1161 of the HC.
• If there are no heirs, the property is credited to the treasury in accordance with article 1151 of the Criminal Code of the Russian Federation.

You can read about how to give up your inheritance after you've passed the inheritance in the Civil Code, and in any case, you'll have to write a statement.

It is transferred to a notary office that handles the inheritance, but it can only be done within six months.

If the deadline is missed, it is unlikely that it will be possible to recover if the property is not actually accepted.