Elimination of the compulsory share of the inheritance

It is the same inalienable right of Russian citizens to claim inheritance and to transfer property to property if they wish to do so.

But the procedure has a number of features that need to be taken into account if it is necessary to make a waiver of the compulsory share of the estate if there is a will or no will, and there are many specific points in the law that need to be known in order to give up with minimal effect.

What is a mandatory share?

This is the term for a portion of the inheritance given to the heirs, in spite of the terms of the declaration of will and priority; the right to have a share is given to special categories of citizens; before the compulsory share of the inheritance is waived, it is determined whether there is a basis for it; under the guardianship of the country, the government and the law are people who are unable to solve household problems on their own, and the share acquired for them is a guarantee of well-being.

Who is entitled to mandatory parts?

There is a specific list of citizens entitled to this right; it is not possible to modify it, narrow it down or supplement it; the refusal of a share of the inheritance in favour of other persons is subject to the relevant rights which are available for:

• Widows and widowers of deceased heirs;
• Dependents supported by the heir;
• Children and adopted sons and daughters;
• The elderly father and mother (or adoptive parents).

Relatives and wards whose incapacity is related to underage age, as well as due to severe illness, the effects of injuries, congenital pathologies, etc., claim compulsory portions of the inheritance, provided that the successor is an incompetent citizen.

Can a pensioner give up his or her share of the inheritance? This is allowed if the surviving parent retires at least one year before his or her death; the one-year period concerns persons who were dependent on life.

In these cases, the shares of the inheritance are laid down in the law of the Russian Federation; refusals are made if there are sufficient inheritance rights; the age of majority is 18; the age of majority is 55 for women and 60 for men.

Shares of inheritance are also awarded in cases of incapacity for work.

This is why, on the Internet, the frequent question is whether it is possible for pensioners to waive mandatory shares of inheritance under the law without a will.

This mechanism works because a person who has lived a life has all the necessary, it is difficult to be responsible for additional property, and even more so to pay the debt of the heir.

However, the Civil Code stipulated total incapacity for work, not temporary injury and illness; for example, a married wife who was married would not receive a share of her inheritance during pregnancy; of course, she would not have to refuse to do so.

A newly born child is a disabled heir, his mother is a guardian until she reaches the age of majority, but she will not be able to give up her inheritance by law if it is part of the inheritance attached to the children.

There must be very good reasons to convince the judges that a step is appropriate.

The size of the mandatory share

If the will changes the principle of distribution assumed by law, it becomes a requirement for a share to be allocated; pensioners or dependants need to assess the appropriateness of such a step before refusing to inherit; in calculating the share, it is considered that it is more than 1/2 times the amount.

Refusal of compulsory shares in a bequest shall be subject to judicial proceedings, and as a consequence the cost of expenses and the payment of public duties.

1. Estimate the full estate of the inheritance with a monetary value equivalent.
2. Determination of the number of relatives eligible to claim in the event of withdrawal of the share.
3. The result is the value of the share by inheritance.

The delay in challenging a will is a reason not to refuse because the division has already been made (six months to apply).

The applicant, notary, other persons - witnesses, successors, etc. - are involved in the application or refusal procedure on the basis of a power of attorney with a list of powers.

These are professional lawyers with a practice of handling such cases.

Persons named in the will enjoy the advantage of living together with their heirs; they have common property; they do not have tools, tools, workshops or other facilities that have been used to generate income; the fact that they have a compulsory component means debt and liability; therefore, it is more common to refuse debts.

Can you lose your inheritance?

There are two situations in which property is not given:

1. The delay in filing the application is tantamount to a refusal, and the notary or judge, without knowing that there are other applicants, will rule on the facts.
2. Refusal is granted to the judge if it is stated in the judgement that the heir is found to be unworthy; the decision is not subject to appeal.

It is only by initiating a new process, by providing undeniable evidence, that you can change the outcome and reverse the rejection of the share of the inheritance, but if you refuse – the decision of the last line of heirs – of the eighth line – it is sufficient not to apply for a share, otherwise you write a declaration of denial of the inheritance, which entails extra, and little expense.

If the decision to refuse is taken by the guardians and the inheritance belongs to the incapable dependent, the permission of the guardianship authorities must be obtained.

It is important to keep the roof above your head at all times, so real estate is given special attention when a refusal permit is issued.

Is it possible to abandon the compulsory portion of the inheritance?

In legal practice, the concept of binding does not imply that it is impossible to refuse; the redistribution of inherited masses takes place in accordance with the procedure established by law; when there are heirs who, for objective reasons, cannot take care of themselves after the death of the employer, they are given a share of the inheritance; refusal is the same right as acceptance.

Do you have to specify the required heirs in the will? It's impossible to transfer the rights of the claim. The compulsory share is targeted. Relatives automatically become applicants for the inheritance share. But refusal is a serious decision. Now it's a final and irrevocable refusal, when the question of division can no longer be raised.

Even if you live together, you cannot claim a portion of the deceased's property; even if it is a share that the heir has received by law, he will be denied the right to accept it, as a result of which part of the rest of the parties are divided.

Procedure for the waiver of the compulsory portion of the estate in the event of a will

The amount prescribed by law is not a burden if the receiver does not wish to do so; in most cases, it is sufficient to contact a notary office; it is necessary to have a prepared package of necessary documents. The procedure consists of the following actions:

1. Personally report to the notary after the death of the heir when the inheritance case is open with due weight.
2. To write and sign a declaration of abandonment of the inheritance, to confirm the document and to send it to the office where the inheritance is being conducted.

It is possible to delegate a waiver to a trusted person; it is better if it is a professional lawyer; however, in some cases, it is trusted to be close to legal practice, and a power of attorney is created.

Application for waiver

The law does not establish a uniform form, but general requirements must be maintained; any error or inaccuracy will result in the declaration being declared invalid; the legal validity of the document is verified by a notary, but it is necessary to read out before signing and check each letter and figure.

If the paper is found to be null and void, all the effects of its action are cancelled, which means that the withdrawal of shares has not taken place, and the amount of debts will increase in the time taken to process.

The procedure is repeated, but it's already in court, which will cost more, and the heir's decision will be final, but it doesn't always match what he wants.

In order to prevent this from happening, it is necessary that the application to renounce the share of the inheritance include the following attributes:

• Date and place;
• Name of notary office;
• title of the document;
• The FIO and the applicant ' s requisitions.

The text should indicate all that is required to give up the share; if disability is to be invoked as a reason for the right to a compulsory share of the inheritance, a date shall be prescribed.

It is also stipulated that the claimant voluntarily refuses to claim part of the property, and only those reasons that are documented are stated.

The text provides a list and details of the attached documents.

Necessary documents

The passport is the basic document for the identification of the heir. The main requirement is the period of validity. Registration has no meaning.

• Certificates of death of the heir;
• Confirmation of the existence of affinity;
• A paper proving that he is unable to work.

The deceased must be a guardian at least a year ago so that the refusal of the share of the inheritance takes place as a legal procedure. If special circumstances are found, the notary requires an additional list of documents necessary to process the withdrawal of the share of the inheritance.

Heir ' s expenses

Refusal - a service requiring material costs, which consists of the following factors:

1. State duty paid as payment for the services of a notary office.
2. Payment for the services of a trusted person (heritor ' s lawyer).
3. I'm paying for the paperwork, the paperwork, the duplicates.
4. The State is responsible for filing an application, etc.

The deceased ' s relatives consider it appropriate to give up a share of the inheritance.

Consequences of refusal

The estates that are inherited cannot be challenged; this is the case in any case, including the parts due; the denial of the share is final, and the restoration of rights is very difficult; one way is to declare the document null and void; but with a notary assurance obtained under the rules, this is not possible under any circumstances.

Procedure for the waiver of the compulsory portion of the inheritance under the law without will

The main error is inaction. Many ignore the requirements to visit a notary, believing that a refusal will occur automatically. Failure is not considered a factor. The inheritance rights are retained. Legal and factual aspects are distinguished. The latter show that the property was used, managed, owned. Therefore, the notary will have to be contacted in any case.

A formal application means a written application to refuse a share in the inheritance; the text is concise and concise and describes the situation and the requirement; the notary checks the paper, the signature and the seal; the document is sent to the archive and the journal is marked; if necessary, a copy can be obtained, which is also legally valid.

There is no standardized application form; the document is issued in accordance with the procedure laid down in the Civil Code and in accordance with the generally accepted rules of business correspondence.

In the upper right corner of the A4 sheet, the "scape" is written, and it contains the details of the notary office and the applicant, and the name is given in the middle below.

The top left sector is not being filled out; it is a place to mark and resolutions.

The text is divided into three parts:

1. DescriptionExplains the situation, indicates the property of the heir, lists the estate, allocates the share.
2. Evidentiary (justification)Articles of law, evidence, arguments (lirik is inappropriate) are cited and only facts are mentioned.
3. :: Required...........................................................A request for a waiver of the portion of the inheritance left after the testator ' s death shall be filed.

The document is dated. The signature with the decryption. The autograph, the date and everything listed are the binding attributes of a declaration to renounce a share in the inheritance. Otherwise, the paper loses legal force.

How can we not give a compulsory share of the inheritance?

There are legal mechanisms in place to deny the heirs the right to claim part of the property of the deceased; in order for the court to issue the order, the heir must be declared unworthy; this means that in the course of his life the heir has been subjected to wrongdoing, the property has remained "less" and the will has been prepared under pressure.

There is also a way to reduce the share of the inheritance: the procedure is conducted through the court of residence of the applicant or the location of the deceased's property; the proponent is the heir of the will; the trial proves that the property was not given sufficient attention: the necessary repairs were not carried out, payments were not made, etc.

Each fact is documented, or witnesses are invited to confirm cases of improper care for the owner of the property or damage to the property; during the hearing, the plaintiff provides payment cheques for public utilities and proves that he or she has made repairs to the apartment or house.

In making the judgement, the judge shall assess all the arguments made by the parties.

And if you do not have any interest in the inheritance, then if you do not have any interest in it, you will not be able to give it back.

In order not to do so, it is necessary to avoid situations of doubt on the part of the court: a worthy heir takes care of property, pays payments (e.g. communal payments) and takes care of the heir in his lifetime. The timeliness of filing an application is not a decisive factor, but if so, a claim must be filed for an extension of time.

The text of the claim describes the reasons that must be convincing, objective, respectful, documented.

It is worth remembering that a notary ' s application is filed within six months of the discovery of the inheritance (date of death of the heir).

Nuances of the waiver of a compulsory share in the inheritance

Citizens of the Russian Federation have the legal right to write a waiver of their share of the inheritance, which is based on both the testatorial document and the law; exceptional cases are provided for in the Russian Civil Code and belong to vulnerable categories of the population; the procedure of refusal itself is very simple and does not involve complexity.

In this publication, the information will help to understand the questions that are left to and do not necessarily belong to the heir ' s estate, as well as how to calculate the amount of it, correct the written statement of refusal, and many other things about the subject.

The supplement provides free legal assistance to lawyers working on the portal on a 24-hour basis.

Who cannot claim a legally binding share?

The following citizens may not be applicants for a compulsory part of the estate:

• Successions 2.3 and the next priority;
• Dependents in the care of the heir less than 12 months;
• A successor by right of submission in the event that his parent died before the commencement of the inheritance case.

It is important that a mandatory share be allocated only in the event of succession to a testator ' s will.

Thus, it is not permitted to apply for part of the compulsory form of succession under the law, because the priority procedure is relevant, as stated in the Russian Civil Code, article No. 1142-1145, paragraph 63.

The right not to obtain the consent of the other heirs to the estate of the testator, nor does it take into account the joint residence of the successor and the heir, including the maintenance of the common household.

By the way, living with the testator is not the only condition for dependents, such as inability to work, long-term financial security (more than one year) for the deceased and lack of a different source of income for the applicant.

Calculation of the scope of the mandatory part

The Russian Civil Code (Cap. 63) states that the compulsory portion of the estate for the successor may not be less than 50 per cent of the amount that would have been due to him as the legal heir in the absence of a will.

When the will is given in a document for a portion of the estate, and the other part is not available, the compulsory share will come from the unbilled property; and if a deficiency is identified, the amount will be covered from the bequest.

Consider the example: The testator indicated in the document of the principal successor, a neighbour and a daughter who was under 18 years of age. Property will be divided equally between them. There is no other property. However, the testator has a disabled daughter from the first marriage, who lives with her mother. The deceased has no other family.

In accordance with the law, the second daughter may claim a compulsory portion of 50 per cent unless a will document has been drawn up; the legislator has given priority to the successors, in which case (under the law) the two daughters are the principal heirs.

As a result of the court ' s examination of the situation, the disabled daughter receives 1/4 houses, as this is 1/2 of the inheritance that would have been relied upon by her if she had not written an order to the testator.

Time for failure writing

The right to write a waiver of a share of the inheritance is regulated by the Russian Civil Code in article 1117, which allows such a declaration to be made only after a case of succession by a notary representative has been initiated, i.e. after a person ' s death or on the basis of a court verdict. 6 months, i.e. during the period of succession.

If the estate is not accepted from the heir, it shall be transferred to the rights of another successor, but only to those who appear on the testator ' s will document or succeed in turn.

If there is a valid will, the official of the notary invites the family of the deceased mentioned in the document of the last will or order to obtain legal rights.

Whose benefit is a refusal written?

It is possible to waive a mandatory share in two situations:

1. The refusal shall be written in favour of the successor specified by the testator in the document or by the successor according to priority.
2. Formation of a written statement of unconditional refusal, in which case no names are given.

The following categories of citizens who have legal rights to be called in a inheritance case if a refusal is written:

• The heirs in the text of the expression of will;
• The beneficiaries of the legal line or on submission;
• The transfer of the inheritance right from the deceased applicant who died after the initiation of the case to his direct descendants is called the inheritance transmission.

A citizen who inherits the estate may make a declaration of refusal, but only in respect of the persons mentioned above; by the way, these heirs should not be recognized by the court as being in bad faith.

Formulation of the application

The process of reform of inheritance rights follows the following algorithm:

• Collection of documents to be used by a notary;
• Written, in the presence of a specialist of the notary, statements;
• Sending documents to the office where the case was opened.

The application is subject to the following requirements:

• Existence of information on the heir, the applicant and the person to whose benefit the refusal is written.
• Written declaration: For the reason that a notary is present, his/her certification is not required; if a document is sent by mail, he/she must be assured by another notary representative.

The list of documents required to write the application is as follows:

• Personal passport.
• Certificate of residence of the deceased heir.
• Written consent from the guardianship authorities if the applicant is incompetent or under 18 years of age.
• Letters indicating a related degree with the testator, relevant to legal succession.

Once the specialist of the notary takes the negative form of the heir, he loses all rights to the estate; it will not be possible to renew them unless a person has been influenced; this fact will have to be proved in court.

The necessary package of documents should be sent to the office of the notary where the inheritance case was initiated; article 1159 of the Russian Civil Code states that this can be done by Russian mail, through a trusted person or in person.

The actual acceptance of the mandatory share does not mean that the successor may waive it, which requires that an application be filed with the court within the specified time limits and that the evidence be provided.

But to do so, we must have respectable circumstances (article 1157, paragraph 2, of the Russian Civil Code).

You can't say no if...

Only in extreme cases cannot a refusal be refused when:

• The successor is compulsory (NC of Russia No. 1149 and No. 1156);
• The situations referred to in article 1121 of the Russian Criminal Code;
• The property is dead.

The second option is an unconditional form of refusal; however, it is not possible to place this on a particular heir on the list of wills, since the heir warned of this outcome and personally indicated a replacement for the main successor.

Note that the morbid property is that portion of the estate of the testator transferred in favour of the State, in a situation where none of the relatives claimed a legacy or wrote an unconditional waiver.

• No successor;
• The successors have lost their inheritance rights;
• The will is considered null and void;
• The refusal of all heirs to accept the estate of the heir.

Children who have been disabled since childhood or who have not reached working age, including similar spouses, mother and father and citizens who have been dependent for more than one year, are also entitled to a compulsory share.

And if you are in debt, then either take the property along with the debt, or give up all of it.

Rescission of the decision on waiver

The heirs have the right, for their own reasons, to write a waiver of the guaranteed portion of the estate, which will not be taken into account, and the division of property will be made between the persons referred to in the testator's testimonial.

The lawyers of the portal are often asked whether it is possible to write a waiver and then cancel it? The legislator has not defined such a right. Consequently, it is not possible to do so. Exceptional cases are mentioned in previous sections.

Note that refusals can be written by all the heirs, including those who are unable to work, because of the upcoming costs of entering and re-forming property, may not be able to cope; however, there are heirs who, without working, feel financially stable; for example, parents and wives/husbands may become mandatory heirs if they feel they need to.

It's important.: Without the right to inherit, remember, it is impossible to change a decision if it is written voluntarily.

Note that children of minor age cannot independently decide to write the estate of the inheritor, which must be done in agreement with the parents and the guardianship authorities.

Refusal of a compulsory share of the inheritance under the law.

Who can claim the compulsory part?

The minimum amount of inheritance guaranteed by law for specific categories of citizens, regardless of the provisions specified in the will, is a compulsory share.

This phenomenon is applicable only if the deceased person ' s written will exists.

The list of people who can exercise the right to a compulsory part is reflected by the SC of the Russian Federation – there are no additional applicants; the list is as follows:

• Unable to work spouse or spouse of the deceased;
• The children of the deceased, who have not attained the age of majority, or who are unable to work, shall be taken into account in this regard, both the children of the deceased and those of the adopted ones.
• Unable to work legal representative of the testator;
• Unable to work persons who were dependent on the deceased, and until the death of the breadwinners, they must be dependent for at least twelve months, and it does not matter whether they lived with him or not.

In accordance with Russian legislation, the following categories of persons are unable to work: women and men at retirement age, as well as persons with disabilities from the first to the third.

On the basis of the above-mentioned criteria, one can single out the basic condition for the acquisition of a compulsory share of the inheritance: disability due to age (or, on the contrary, old age) or health condition; and, importantly, status must be documented and permanent rather than temporary.

For example, a woman in a position is not entitled to a portion of the inheritance on the basis of temporary incapacity due to pregnancy, but the child of the testator, not even born but conceived by the testator, may claim part of the inheritance after the birth.

Thus, the Government of the Russian Federation ensures that the priority rights and interests of those groups of citizens who, due to respectable circumstances, do not have the possibility of self-sustaining basic needs, should not be removed from the list of persons entitled to the property of the deceased.

How much is the mandatory share?

The value of the mandatory share isnot less than 50 per centfrom the portion which the heir would have received if the distribution of the estate had been carried out in accordance with the law, in the absence of the deceased ' s written expression of will.

The compulsory portion is derived from property that is not reflected in the will, but if it is not sufficient or at all, the amount indicated in the document is also recognized.

The actual calculation of the amount due is as follows:

1. The amount of the entire estate, specified and not specified in the will, is set.
2. The number of legal heirs who would have received property without the deceased ' s will is determined.
3. One half of the part that a citizen would acquire by legislative standards is specified; that is the mandatory share.

It is important to note that the buyers of property, as in all other inheritance options, receive not only property rights but also all the obligations of the deceased, and they have equal responsibilities in terms of preserving the inheritance and ensuring the costs of interaction with the compulsory share.

Is it permissible to waive the compulsory share of the inheritance?

However, there is no need to clarify the reasons for refusal, but it is worth mentioning the most common grounds used by the beneficiaries of the inheritance to give up property:

• The small size of the mandatory share;
• Low market value of the facility;
• The presence of property in another region or a difficult place to access;
• High cost of full processing;
• The commitments made are too great.

At the same time, certain restrictions on the waiver of the compulsory part have been laid down by law, for example, it must be absolute, so that the released property will be distributed among the other persons entitled to the property – the refusal of a share in favour of another heir is not permissible.

Procedure for waiver of compulsory share

The general procedure of the heir ' s compulsory share is not complicated and consists of the following steps:

1. The necessary documents are being collected.
2. A suitable notary office is selected to be processed. One should not rush the selection of a specialist. Special attention should be paid to the cost of the services and the reputation of the lawyer.
3. An application is processed in the prescribed form. Each written formulation must be checked after writing to rule out the non-admission option. Yes, it is enough to correct errors, but again, it is all a waste of time and money.
4. State duty is paid and the details for payment can be specified directly at the office itself.
5. All that remains is to file an application with a notary who will complete the refusal procedure and register the actual expression of the will of the recipient.

How can we draw up a refusal statement?

There is no strict form for refusing a compulsory share of the law; a citizen is free to state his position freely, but in any case he will have to comply with a number of general requirements; in order to avoid problems of filling in, a sample may be requested from the office itself.

The standard content of the document is as follows:

• Name of the selected notary office, address of its location;
• Personal information on the heir: FIO, address of residence and contact details;
• The direct substance of the request;
• The reasons for this decision are not mandatory, but desirable.

The date of issuance and the signature of the applicant remain to be completed.

What kind of documents do you need?

If an application for waiver is sent to a notary, a number of certain documents will be required:

• A citizen ' s passport;
• The testimonial of the death of the testator – if, for the circumstances, the matter should be specified separately;
• The position confirming the existence of a relationship and its degree between the deceased and the recipient.

Testimony of incapacity to work.

In view of the specific situation, additional documents may be requested by a specialist; for example, dependants also need to be provided with the fact that the deceased has been kept in maintenance.

Nuances of refusal

If you refuse to do so, it is important to understand that the withdrawal is not provided for by a citizen in the future if he has simply changed the decision; however, judicial practice in Russia is such that refusal can be rebutted if a person can demonstrate respect for the grounds – for example, all the actions of the recipient are based on pressure from third parties or close relatives.

In addition to the limitation of refusal to favour third parties, another nuance is worth mentioning: the law does not specify the option of a mandatory share without will; this is based on the standard approach and the rules of the Civil Code: if there is no will, there is no mandatory share of the estate for those in need.

Despite the fact that the refusal procedure itself does not entail undue difficulty, there are many nuances that are specific to the circumstances; if a citizen understands that he does not fully understand the present circumstances, but still wishes to waive the share due, it is recommended that a lawyer be employed.

Refusal of the compulsory portion of the estate in the event of a will

Only the will will guarantee that the assets of the citizen will be transferred to the chosen person (legal or physical, not related) and that people need to take care of their lives to dispose of the property after death.

If this is not done, it automatically passes to the beneficiaries of the first line, then the second line, etc. The recipient may not accept such a gift.

How, then, is there a waiver of the compulsory share of the inheritance?

Determination of the mandatory share

There is a group of people to write in a will, so let them know their share in the inheritance of their children, and let them know if they are unable to work.

Question:

In writing the order, there were no people to be mentioned under Russian law, and the document was written in accordance with generally accepted standards.

Answer:........................................................

When a legacy case is opened, the lawyer checks the applicants, finds out if the necessary successors have arrived, and if such persons are found, the legal officer will do his best to separate the legal property from the property, but they have the right to refrain from accepting the law, and the inheritance component will only increase.

From what means is the requirements of the first-line heirs met?

The reasons for this are different, when the deceased has not yet decided who to hand over the particular object on the day of writing, or the real estate was acquired after the paper was signed. This is the source of the beneficiaries ' claims.

If no such property has been identified, the amount required must be set aside from the order referred to in the text.Disagreements had to be decided through the courts, and the notary suspended his or her procedure while the case was under consideration, and it would not be resumed until the legal officer had the court decision in his or her hands.

Claims for compulsory share

The children of the deceased are assigned to the successors who have special rights, regardless of whether they are adopted or whether they are of the blood, as long as they do not reach the age of 18 at the time of the death of the parent, and the fact of paternity after the death of the person is considered an exceptional case.

Non-working parents fall into this category, and adopters have a similar chance.

If a parent is deprived of his or her rights and the child has not been restored to them until his or her majority, he or she loses the opportunity to claim a compulsory portion of the inheritance.

A spouse who cannot work also falls into this category, the first requirement being that the marriage be officially registered.

For other dependents who are unable to work, there is a rule that they shall not be classified except after a period of time has been fixed for which they have been dependent.

Others could benefit from such an advantage if they lived with the deceased, were in the household and were unable to work for more than a year.

It is worth mentioning that the child of the deceased, who is still in the womb, will benefit from the rest of the applicants, and if this is the case, the notary will stop issuing the birth certificate.

Who is considered incapable of work?

Persons who do not have formal employment opportunities are established by FH-166:

• Pensioners,
• Persons with disabilities, groups 1-3, children,
• Students of higher education who study on face-to-face and under the age of 23.

Value of mandatory share

The smallest component cannot be less than half of the property transferred to the next of kin in the first line. What will be required to calculate this amount according to the law?

1. Identify the inherited mass,
2. Identify how many people can obtain property under the law, and do not consider people to be in possession of the will.
3. Split everything in the deceased's possession into a calculated number of people.
4. Calculate what is half the amount received.
5. The outcome will be that of the special beneficiaries.

It is possible to reduce the inheritance consciously, although it is not easy to do so; only a court decision is considered to be the only valid reason.

How can we give up the compulsory part?

The law states that there is no obligation on the State to accept a gift left behind by another person, which is often too much; if the deceased has a loan, the successor will have to repay it; and it is not necessary to list the reasons for the decision to disregard his privileges; however, a statement of his intention will have to be made.

Avoiding inheritance for a variety of reasons:

• as a percentage of the total mass, it's too small,
• the cost of the transferable property is too small,
• It's not that cheap to put things on the official level.
• The property is too far away.

Are there any restrictions on the removal of an inheritance in favour of other persons? The law establishes one requirement for the act in question; it is only possible to renounce the inheritance completely.

This is in order that the rights of other applicants may be respected.

You can't hand over that good to another person.

Procedure for relinquishing the share if there is a will

If you wish to refuse, you can do so quickly, and it is worth preparing papers in advance on the matter and contacting a lawyer, and the client will be asked to prepare the appropriate treatment and pay the government fee at the nearest ATM.

What do you do with your own component after five months? It's only six months in law to file an application. If you do not act, the default is that a person with special rights agrees to accept the deceased's property. This is due to the work of a notary.

How to make a declaration of refusal

Let's find out more about the details of his writing: What are the provisions of the sample? Here are the full address and the name of the legal office chosen for circulation.

Then you follow the personal information about the gifted one. In the middle of the sheet, the name is given. Then you describe the meaning of the problem. It's worth noting where the rights to the required part came from.

The request, the signature and the current date shall follow.

Application for waiver of the compulsory portion of the will

Application documents

What should be done by a person who decides not to exercise his rights in favour of other persons? If the application is made, he will have to make sure that certain papers are available. As the main document, he will need a passport and a death certificate for the former owner. If he is not in his arms, he will be given other solid evidence.

It will also be necessary to obtain certificates of kinship or dependency and to make a preliminary statement of the applicant ' s or deceased ' s registration; one of the principal documents confirms that the deceased was the owner of the transferred property.

It is worth remembering that the particular circumstances of the case will oblige the recipient of the gift to bring his package of documents, so it is worth preparing for the need for additional inquiries and statements.

Cost of refusal

The notary does not provide services free of charge; each action of the employee is subject to payment, in which case the amount of the government service will be 100 rubles.

What happens after you say no?

Once the application is registered, the heir will lose his rights and the deceased will be equally divided between the other parties to the case.

There is a need to be very careful: it will not be possible to withdraw the decision at a later date; the reason for the withdrawal must be very strong: the drafting of the text under pressure or the deliberate deception, in which case it will be necessary to go to court.

Procedure for relinquishing a willless portion of the estate

If the order has not been drawn up, there is no provision for the allocation of the necessary part. In the circumstances, may it be possible to ignore the dues due under the law in favour of another heir? Of course not. When a will is made, socially vulnerable citizens cannot obtain additional property.

Conclusion

What does the case law say about this issue? There are quite a lot of such situations, so we need to know how this procedure happens. No one is obliged to provide it automatically, the service is provided on the basis of the request of the person concerned.

He would have to prepare the above-mentioned papers and read the rules for making the application and would have to visit the notary office in person in order to submit the application.

Sometimes it takes a little personal time to avoid having problems with an unwanted gift.

Elimination of the compulsory share of the inheritance

The right to a compulsory share cannot be transferred to other persons; this rule is established by the Civil Code of the Russian Federation; therefore, it is not possible to abandon the compulsory share of the inheritance in favour of other persons; however, it is possible to waive the compulsory share of the inheritance without identifying specific persons.

Who has a compulsory share in the inheritance

Russian legislation defines the range of persons entitled to a compulsory share of the inheritance and also determines the amount of such a share.

• Unable to work children, spouses, parents of the inheritor, as well as incapable dependants of the heir;
• Underage children of the heir.

Disabled citizens are divided into two main groups:Unable to work by age (women who have reached 55 years of age and men who have reached 60 years of age) and unable to work by health status (disabled groups I, II and III).

The amount of the compulsory share shall be not less than half of the share that would have been due to the compulsory heirs in the inheritance under the law, i.e. had there not been a will.

In accordance with the law, the right to a compulsory share is satisfied by the fact that the compulsory share is allocated primarily from the unintentioned portion of the estate.

Thus, first of all, the right to a compulsory share reduces the share of legal heirs and then, second of all, reduces the share of willed heirs.

Why it is not possible to abandon the compulsory share of the inheritance

The right to a compulsory share cannot be transferred to other persons; this rule is established by the Civil Code of the Russian Federation; therefore, it is not permissible to refuse a compulsory share of the inheritance to other persons; this prohibition is based on the specific nature of the compulsory share.

It is intended to provide material support to the most vulnerable category of heirs, who are entitled to a compulsory share of the inheritance on the basis of special characteristics (juveniles, disabled dependants).

The purpose of the compulsory share is to provide for the dependents who are unable to work with their estates.

The right to a compulsory share is an exclusive right of the compulsory heir and is inextricably linked to his personality, so only such a necessary heir can benefit from it.

There is a need for some explanation: the law prohibits the intended waiver of the compulsory share, i.e. the refusal of the compulsory heir to identify the person or persons in whose favour he refuses the compulsory share; the heir cannot identify such a person or persons.

If the compulsory heir does not wish to accept a compulsory share of the inheritance, he may waive it, but only absolutely, without giving in to a particular person.

In this case, the percentage of the heir who refused is passed to the heir of the will and/or the heir of the law.

The heir may be deprived of the right to a compulsory share if he or she is legally attributable to the unworthy he or she.