Refusal of inheritance in favor of another heir

Official statistics show that every eighth citizen decides to refuse inheritance, because, instead of mountains of gold, he is promised considerable debts, serious troubles, expenses and other troubles. Sometimes the reason is not financial obligations, but love and respect for other heirs. In such a situation, refusal of the inheritance due is possible in favor of these citizens. For example, after the death of the father, the son’s refusal of inheritance in favor of his mother or sister.

This can be done by all persons with the right to inherit. Can a child under 18 years of age refuse?

Only a legally capable person can independently refuse an inheritance. Incompetent and minor citizens have the right to write a “refusal form” only with the consent of the guardianship body, even if they have legal representatives.

If a person is recognized as an unworthy heir by a court decision, he cannot take advantage of the inheritance, and, consequently, refuse the inheritance.

A citizen who inherits an obligatory share has the right to refuse the inheritance in favor of someone else only unconditionally, that is, not to assume absolutely all the rights and obligations transferred under a testamentary document or by force of law. Typically, this right is used if the deceased has significant debt or the heir lacks the desire to pay taxes.

A person with inheritance rights can transfer his share:

• by force of law;
• according to a testamentary document;
• by submission;
• by transmission.

The question often arises: “Can I transfer inherited property to several relatives if I refuse?” According to the law, the heir has the right to refuse the inheritance by transferring it to one, two or more persons. In the latter cases, distribution of shares is required.

If the application does not indicate specific proportions, then the property is divided into equal parts.

If there are no other heirs or if all existing heirs have abandoned, the abandoned part will pass to the state as escheat, which it does not have the right to refuse.

If there is a will, it is possible to refuse in favor of specific persons to whom the inheritance right is transferred or without them. In this case, it is allowed to draw up a “waiver” before or after the property is accepted. It is important to comply with all requirements established by law regarding the timing and form of actions.

Is it possible to refuse an inheritance by transferring it in favor of a brother or sister? It is possible to do this. These relatives belong to the second stage. In their absence, the renounced share passes to the nephews.

When is it not permissible to refuse?

A person who refuses inheritance usually transfers his right to a close relative. For example, if a father dies, children often give up their property in favor of their mother. This way they avoid dividing the remaining property after the death of the testator. However, not everyone can do this and not in all cases. Refusal is not possible if:

1. The testator bequeathed all the property to one person.
2. The heir is entitled to a mandatory share.
3. There is a designated heir. The will specifies the primary and secondary heirs. The last of them receives the property if the first refuses the transferred property, does not have time to accept it, dies, withdraws as unworthy, etc.

It will not be possible to refuse inheritance in favor of another person who has been deprived by the testator of the right to receive his property. The law also prohibits the heir’s refusal of inheritance in favor of other persons subject to any conditions. For example, it is unacceptable to write in a statement that you are refusing if the deceased person has no debts.

Attention! It is impossible to refuse part of the inheritance in favor of someone else. The state excludes this possibility.

This rule applies to the fair distribution of transferred property and obligations, so that one refusing heir does not receive benefits from the testator, shifting the troubles to other persons. So, for example, you cannot inherit a cottage in the city center and refuse part of the inheritance in the form of a land plot in a rural area or a loan debt.

Refusal of part of the inheritance is possible if the transfer of its shares occurred for various reasons. For example, one share was received by will, and the second by force of law.

It will not be possible to give up a share of property to transfer it to a person not included in the will. If there is a sub-designated heir, the main copyright holder can renounce his entire share of the inheritance.

Who cannot refuse an inheritance? Children and dependents are protected by the state. The Civil Code of the Russian Federation establishes a ban on refusal of the obligatory inheritance share to the following persons:

• children under the age of majority;
• disabled close relatives: children, parents, spouses;
• disabled dependents who are not included in the inheritance queue and whom the testator supported for at least a year before his death (even if they lived separately).

If the heir was misled, deceived, or threats or violent actions were applied to him, he could not control himself, did not understand what he was doing, the refusal of the inheritance in favor of another heir may be declared invalid. However, only the court has the competence to determine this. The presence of such circumstances in case of refusal must be proven in the manner prescribed by law so that he can cancel the “refusal”.

Deadlines and procedure for registration

If you want to transfer inherited property, you should know how to refuse an inheritance in favor of a relative or another person. The refusal of inheritance must be formalized in writing, in the form of an application provided to the notary:

1. personally;
2. by mail;
3. through a representative.

In any case, notarization of the signature of the renouncing heir is required. When applying through a representative, a notarized power of attorney is required indicating the right to provide a “waiver”. The legal representatives of the heir who formalize the procedure do not need it. They only need to document their status.

It is important to know! If a citizen did not use his right, decided not to contact a notary, did not prepare the necessary documents and did not submit an application, he cannot be recognized as having renounced inheritance.

The law provides a specific period for refusal of inheritance - 6 months. If it is missed, only the court can recognize the person as having refused if it considers the reason for the delay to be valid:

• due to serious illness;
• in case of forced long-term absence, for example, on a business trip;
• if there was opposition to the execution of the refusal, for example, the notary did not proceed with the application.

Finally

So, it is possible to transfer the right of inheritance to a specific person from the circle of other heirs in the presence of a will or by force of law. Refusal of the obligatory share in the inheritance is permitted, regardless of the vocation for receiving property.

However, it is impossible to refuse partially. It is extremely important not to miss the deadline for completing the “waiver” and to know how to do it: in writing with notarization within six months.

Rules for renouncing inheritance in favor of another heir

Any successors may enter into property rights or renounce the inheritance in favor of another heir. After all, inheritance does not always mean only receiving new property, but also debts, wasting time, and paying state fees. But when legal successors renounce their share, this does not at all imply their inaction after the death of the testator.

Filing a waiver is a legal action. In Art. 1157 of the Civil Code of the Russian Federation (clause 2) states that you can refuse an inheritance within a period of 6 months. from the date of registration of the inheritance case. Many questions arise:

• if the heir refuses, to whom does his share pass;
• refusal of inheritance is possible in favor of which successor;
• is it allowed to sign a waiver of part of the inheritance;
• how to write a refusal letter.

These and other decisions must be formalized legally.

Refusal of inheritance in favor of another heir

The law allows you to write a refusal of inheritance in favor of another person, as well as without declaring it (Article 1158 of the Civil Code of the Russian Federation). The refused share then passes to the remaining legitimate claimants (provided that they are not deprived of such rights). Thus, there are situations when, after the death of their parents, two sisters register the inherited apartment for only one sister.

The heir does not have the right to refuse in favor of those deprived of inheritance rights, but according to current legislation it is possible to refuse in favor of other legal successors expecting a share:

• take turns;
• by will;
• by representation (these are children of persons who had a share of the main heir, but died earlier);
• under the rights of hereditary transmission (when the successor opened the inheritance and died without formalizing it within the time period allocated for this procedure).

Legislative subtleties taken into account when refusing an inheritance in favor of another heir:

• drawing up a waiver is a one-sided procedure;
• there is no need to take permission from other applicants;
• A refusal with reservations or setting conditions in case of refusal is not accepted;
• The refusal form is a final document, which, once submitted, cannot be altered or the original decision taken back.

Failure Features

The fact that the heir releases his share by way of refusal must be formalized for him. This will make it easier for other relatives and applicants to take ownership, and the inheritance mass will be “clean” (i.e., there will be no obstacles to its sale).

The successor who renounces the inheritance in favor of the remaining participants must distribute his part according to their shares (when other forms of division are not prescribed).

In Art. 1157 and 1158 of the Civil Code of the Russian Federation provide circumstances under which the transfer of rights is impossible, these are:

• unworthy heirs;
• when another heir is assigned to the successor;
• persons not included in the will;
• when inheriting escheated property (inherited by the state);
• if the refusenik does not control himself, i.e. insane.

But any of these reasons are confirmed in court. Other features of the refusal relate to decisions on issues, for example, whether it is possible for a minor to refuse his shares, whether the law allows him to give away a certain part of the inheritance due, what a mandatory share means, and what to do if the inheritance deadlines are missed.

After 6 months

Most often situations arise. related to the extension of missed deadlines, whether the law can be applied taking into account different circumstances. Yes, but restoration is possible only through the court, after recognition of valid reasons. There are no definitions of such reasons in the regulations, but they include:

• ignorance of the existence of an inheritance;
• illness that does not allow you to arrive to register your rights;
• long stay on a work trip;
• serving a sentence;
• performing military duties.

Such circumstances as opposition to recognition of refusal on the part of the notary, who accepted the application but did not give it further progress, are also taken into account. A reference to employment, reluctance to go to the notary service, poor health without providing sick leave will lead to the judge rejecting a late request.

From part of the inheritance

Partial withdrawal from a share in the inheritance is not practiced. It is possible to inherit only in full, with all property and debts. But when receiving inheritance rights for a number of reasons (in turn, by proposal, in a will, etc.), it is allowed to refuse part of the inheritance selectively - one at a time, for a number of reasons, or completely (Part 3, Article 1158 of the Civil Code of the Russian Federation).

For this purpose, a statement is written, it indicates the basis on which the person refuses. Lawyers advise indicating each basis, supporting it with a declaration of will on inheritance or non-inheritance (this will provide protection from possible misunderstandings). But it is unacceptable to refuse the part called the “obligatory share”.

From the obligatory share

Waiver of the obligatory share is not possible. This refers to shares of the inheritance of particularly vulnerable persons. These include:

• disabled spouses;
• elderly parents;
• dependents (supported);
• children under the age of majority.

This prohibition, which limits the freedom of will, is reinforced by the fact that it assigns a mandatory financial base to the poor part of the heirs.

Minor

A person who is a minor cannot refuse a share. This is permissible only with the knowledge of the guardianship authority, whose powers include issuing special confirmation. Legal representatives are involved in the paperwork, collecting and submitting the following documents to guardianship:

• a statement written by the heir (written in his own hand if the successor is more than 10 years old) stating that he is ready to refuse;
• statement from legal representatives;
• birth certificate;
• confirmation of rights to inherited property;
• passport of the guardian or parents;
• certificate of death of the testator;
• certificate of registration (residence) of the heir.

After 5 days, guardianship officers are required to announce the decision and notify the parties officially. If the verdict is positive, then it, along with all the papers, must be submitted to the notary, where the refusal application is again drawn up.

How is a refusal formalized?

Refusal has 2 forms:

1. Unconditional (without mentioning the rights of applicants in turn, regardless of their relationship) - the application simply contains a phrase confirming the fact of refusal.
2. Conditional (stipulating conditions for designated successors) - it indicates the introduction to the disclaimer of the person to whom the disclaimer is intended. There is no need to explain the reason for the decision.

How to cancel:

• during the period for accepting documents on the assignment of a share (this is 6 months from the date of death of a relative), a successor who wishes to renounce his right to property must contact a notary with a statement;
• the passport of the person preparing the refusal is attached;
• when submitting papers not by the refusenik himself, but by an authorized person, on the documents for refusal the signature of the legal successor is confirmed by a notary, and the authorized person must have authority (power of attorney);
• the notary opens a case regarding the opened inheritance;
• registers it in the accounting book.

The application for refusal indicates:

• address of the notary office;
• FULL NAME. the relevant notary;
• FULL NAME. the refusing legal successor, place of residence (and, with the participation of the principal, information about him);
• FULL NAME. testator, day of death;
• at the end, the date is recorded and the signature of the citizen renouncing the share is affixed.

The refusal letter is written in a strict form and concisely. It briefly explains the reason. The text makes a reservation that the refusenik, who is an heir by turn or by will, is notified of the impossibility of the reverse action after a procedure confirmed by the signing of documents.

Refusal to inherit property in favor of another heir

Any of the heirs mentioned in the will has the right to refuse the property clearly designated in the terms of the will. Current legislative acts provide for the availability of alternative ways to refuse bequeathed property: a refusal that does not provide for the determination of the next heir and a procedure for determining the person who will become the heir. How the refusal of inheritance in favor of another heir occurs, we will consider further.

In the first six months after the death of the testator (counting from the opening of the inheritance case), the people mentioned in the will have the right not to take possession of the inheritance and refuse it in favor of another person. If a minor heir or a person declared incompetent does not agree to accept the property, then the legal implementation of such a procedure is possible if permission has previously been obtained from the guardianship authorities.

The reason for such actions may be one of the following circumstances:

• the successor has a desire to transfer the inheritance bequeathed to him to another person;
• rejection of property or finance occurs due to the lack of need for the heir to receive the inheritance due to him;
• registration of inheritance causes difficulties for the successor;
• in parallel with the inheritance, burdensome obligations are transferred to the successor;
• the debt of the testator to various creditors in the amount exceeds the total value of the property being inherited;
• the person to whom the property is bequeathed is located outside the country or locality of the testator.

Sometimes refusing to inherit is the most acceptable option. Refusal is the best option if the following situations arise:

along with the inheritance of property, the successor is transferred to the obligations to repay the debts of the testator: outstanding loan, debts on receipts, mortgage, etc.;

inheritance is claimed by persons who want to prove their rights in court. If the property mass is insignificant, then it is more expedient to formalize a refusal to inherit such property.

Any of the listed reasons may become the basis for which the heir may, within the prescribed period, announce his intention to refuse the inheritance bequeathed to him.

Persons in whose favor an inheritance can be waived

Existing legislative acts regulate the procedure according to which it is possible not to accept an inheritance, and outline the range of categories of persons to whom bequeathed property can pass. Property can be transferred to the following categories of heirs:

• those already mentioned in this will;
• those who are so “by law”;
• those who received such status by right of representation;
• persons determined by successors as a result of hereditary transmission.

All other persons cannot be designated as heirs in the event of non-acceptance of the property by the persons mentioned in the will.

Facts established by law regarding the impossibility of refusing inheritance

The law provides for conditions under which it is prohibited to refuse an inheritance in favor of designated persons. Among these conditions are:

• a person, according to the terms of the will, determining the will of the testator, fully inherits the bequeathed property;
• the inherited part is the obligatory share of the successor in the total volume of the bequeathed property;
• according to the terms of the will, there is an additional heir who will inherit in the event of the failure of the main heir;
• the transfer of bequeathed property is made in favor of a person deprived by the testator of the right to his property;
• if a person has expressed a desire to renounce part of the property due under the terms of the will;
• if one of the persons identified as the circle of heirs has already carried out a similar procedure;
• if the successor is a guardian or parent of minor children.

In all other cases, refusal of inheritance is carried out according to the procedure established by law.

Invalidation of refusal

It is possible to recognize a refusal of inheritance as invalid if one of the following conditions exists:

• the person who carried out this action is incompetent and does not realize the consequences of his decision;
• the decision was made as a result of any deception or by misleading the heir;
• refusal of inheritance is a forced decision that the heir made as a result of violent actions or any threats;
• the decision was made under the influence of circumstances difficult for the successor;
• the successor did not enter into inheritance in order to hide other transactions.

Refusal of property due by inheritance can be declared invalid only as a result of a court decision.

Rules for registering a refusal of inheritance

The process of drawing up documents on non-acceptance of property due under a will provides for the possibility of registration in several of the existing ways:

• At the notary at the place where the inheritance case was opened. In this case, you must personally contact a notary; you must present your passport and fill out an application in the prescribed form.
• Through your representative (trusted person). In this case, in addition to the completed application and passport of the authorized person, a notarized power of attorney is required. This document must indicate that the person to whom this document is opened receives the right to carry out actions regarding the bequeathed property on behalf of the heir. This method is most often chosen when the heir is in another locality and does not have the opportunity to personally visit the notary.
• He refused to inherit property, sent by mail. In this case, the procedure is carried out by sending a registered letter, which must include a notarized statement of renunciation of inherited property, copies of passport pages, as well as an inventory of the attachment.

Whatever form is chosen when carrying out this procedure, all actions must be performed within the strictly designated period of time.

Filling out a statement of non-acceptance of inheritance

The main points that must be indicated in the application are the following:

• data of the notary who opened the inheritance case (place of work, address, last name, first name and patronymic);
• passport and contact details of the heir;
• if the procedure takes place through a proxy - the data of the proxy;
• information about the testator;
• the refusal itself with reference to the articles regulating this process;
• passport details of the person in whose direction the refusal is being made;
• attachments – copies of documents referenced in the application (power of attorney, documents confirming the presence of family ties, etc.).

Period of the procedure

By law, potential heirs are given six months to formalize their refusal to inherit property. The countdown begins from the moment the inheritance case is opened. This moment comes:

• on the day the testator died (after the relevant certificate has been issued);
• on the day a court decision is made to recognize the testator as deceased.

The duration of the procedure can only be extended in court if documents are provided confirming the impossibility of carrying out this action within the allotted period of time.

Refusal and rejection of a share of the inheritance

In addition to refusing to accept property, the person to whom the property is bequeathed can exercise the right of non-acceptance.

The difference is that the first option is made in favor of a third party, and the second option simply provides for refusal as such.

Refusal of property transferred by inheritance can be carried out only in cases specified by law, and rejection is a right that every person can use, without conditions or restrictions.

A similar feature for these two opportunities to abandon property is the consequences of the decision made. The decision made cannot be changed under the influence of any conditions. The only exception is if it is proven in court that the document was signed against the will of the heir.

Persons in whose favor refusal of inheritance is allowed

Section V of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) regulates in detail the institution of inheritance.

At the same time, only those persons who are alive at the time of the opening of the inheritance, as well as those conceived during the life of the testator and born after his death (clause 1 of Article 1116 of the Civil Code of the Russian Federation) can be called upon to inherit.

Art. 1111 of the Civil Code of the Russian Federation establishes that inheritance can be carried out on two grounds : law and will.

The norms of the current civil legislation of the Russian Federation allow not only the situation associated with the acquisition of an inheritance, but also the implementation of refusal of it (Chapter 64 of the Civil Code of the Russian Federation - Articles 1152, 1157).

Both of these actions of the heirs are characterized as the completion of a unilateral transaction, and, therefore, in addition to special norms, general requirements for the validity of transactions are applied to them (clause 2 of Article 154, Articles 155-156 of the Civil Code of the Russian Federation).

Based on the analysis of these articles, we can conclude that when renouncing an inheritance, only the will of one person is sufficient , therefore, basically, all his actions carry consequences only for him, with the exception of some cases.

Taking into account the above, we will try to consider the possibility of renouncing inherited property, first of all, for heirs by law . In this case, it should be noted that they can receive property only in order of priority (Articles 1142-1145, 1148 of the Civil Code of the Russian Federation).

1. It is possible to renounce inherited property only within six months from the date of opening of the inheritance (requirement of paragraph 2 of Article 1157, paragraph 1 of Article 1154 of the Civil Code of the Russian Federation).
2. The specified period cannot be restored if it is missed.
3. The form of refusal must be in writing in the form of a statement.
4. The content of the application must indicate information about the applicant, the testator, the transferred property, the expressed will to renounce it, the person to whom the right of inheritance is transferred (i.e., complete information about them, including those allowing to determine the priority), date and signature.
5. The heir by law in whose favor the refusal is made can be from any queue .
6. This application can be signed independently by the renouncing heir, or he can use the institution of representation.
7. The application is submitted to the relevant notary or other authorized person.

From the moment such an application is received and registered by a notary (or other person specified in the law), the refusing heir loses the right to acquire the inheritance due to him in full, while this right arises in another heir according to the law, directly indicated by the first person.

Refusal in favor of other heirs under a will

In addition to inheritance by law, in a number of cases the testator draws up a will . In this case, in addition to the legal heirs, there are persons directly named in the will.

In turn, heirs in this case can be not only individuals, but also legal entities, as well as the state and municipalities (Article 1116 of the Civil Code of the Russian Federation). Those. practically any persons whom the testator indicated in his order.

Their shares in inheritance are also determined by the will of the testator (Articles 1119, 1122 of the Civil Code of the Russian Federation).

In such a turn of events, any of the heirs also retains the right to renounce the inherited property.

It can also be with the indication of specific persons (including in favor of those who are directly named in the will) to whom the refuser transfers his right or without their indication.

In this case, refusal is also possible before or after acceptance of the inheritance, subject to the relevant requirements of the law on the timing and form of its execution.

The main thing that needs to be paid attention to in this case is that the conditions for its execution are absolutely identical as when making the same refusal in favor of the heirs by law.

This means that you need to “meet” the adoption of this decision within six months from the date of opening of the inheritance, draw up and submit a corresponding application to a notary (or other person authorized by law).

In case of such a refusal, it is also necessary to comply with the requirements of Art. 1158 of the Civil Code of the Russian Federation, and understand its legal nature and possible legal consequences.

Persons in whose favor refusal is not permitted

it is impossible to refuse an inheritance in favor of a certain person , despite the will of the person refusing. These persons are expressly specified in the law. Let's consider each of them.

1. Third parties who are not heirs by law, nor by will, nor by right of representation, nor by way of hereditary transmission (Clause 2 of Article 1158 of the Civil Code of the Russian Federation)
2. Disinherited . These are persons who were excluded by the testator from the will for any reason (Article 1119 of the Civil Code of the Russian Federation).
3. Unworthy heirs , i.e. not having the right to inherit based on a court decision. Such persons are defined by Art. 1117 of the Civil Code of the Russian Federation. In particular, these include those who, through their deliberate illegal actions, tried to call themselves to inherit, or to increase the share due to them or another heir. In addition to these persons, this also includes parents deprived of parental rights; maliciously evading the fulfillment of the duties assigned to them by law to support the testator. The same cases apply to heirs who are entitled to an obligatory share and legatees.

Such a legislative restriction is necessary to ensure and protect the interests of the testator, other heirs, and members of their families.

It is also important when considering this issue that the legislation provides for cases when a person accepting property that is the subject of inheritance cannot refuse it . They are also established in Art. 1158 of the Civil Code of the Russian Federation, in particular, this applies to:

• property inherited by will, when it is all intended for certain persons;
• mandatory share;
• if an heir is appointed.

The legatee is separate from all the above-mentioned persons . Art. 1160 of the Civil Code of the Russian Federation provides for the following features :

All other requirements for performing this action are similar to the previously discussed situations. Moreover, if this legatee is also an heir for some reason, then the acceptance or refusal of a testamentary refusal does not affect the performance of these actions in relation to the inherited property.

Consequences of refusing an inheritance

If the issue of abandoning the inherited property is resolved positively, the heir must be aware and understand all the ensuing consequences. Regardless of whether this refusal is made before or after acceptance of the inheritance, whether it is unconditional or directed, its consequences are always the same.

Having abandoned property due to a person by way of inheritance, he will not be able to cancel or take it back (clause 3 of Article 1157 of the Civil Code of the Russian Federation). The performance of these actions implies not only unconditionality, but also irrevocability.

This means that from the moment the corresponding application is submitted to the notary, the refused heir loses once and for all his subsequent right to this property. In case of a directed refusal, this right is transferred from one person to another, directly indicated in the application.

If it is unconditional, it passes to all other heirs in the general manner.

At the same time, paragraph 3 of Art. 1158 of the Civil Code of the Russian Federation regulates the legal consequence of refusal of inheritance as the loss of all property due to a person. In other words, the heir cannot refuse only some specific, unnecessary part of the inheritance .

This can be explained by the fact that inheritance predetermines the transfer of all property indivisible as a whole and unchanged.

Moreover, after the complete refusal, the share due to the “former heir” is distributed among other persons called to inherit, in proportion to their shares.

Considering that the refusal of an inheritance can be defined as a one-sided transaction, then, accordingly, validity requirements are imposed on it, which means that if the requirements of the law are not observed, then it can be declared void .

This concerns non-compliance with the form of refusal; failure to obtain permission from the guardianship and trusteeship authorities (when it is carried out by a minor or incompetent); when transferring the right of inheritance in favor of persons who do not have the right of inheritance; when there are conditions and reservations, etc.

Refusal of inheritance: in favor of another heir; in case of acceptance of inheritance. Terms, methods, cancellation or invalidity of refusal

Is it possible to cancel or change the refusal of an inheritance, to “take it back”?

Refusal of an inheritance is unconditional, and in accordance with paragraph 3 of Article 1157 of the Civil Code of the Russian Federation, renunciation of an inheritance cannot subsequently be changed or taken back (cancelled).

Thus, having submitted an application to the notary to refuse to accept the inheritance, the heir subsequently has no right to claim the inheritance.

And, conversely, refusal of inheritance is not allowed if the heir has submitted an application to the notary to accept the inheritance or to issue a certificate of the right to inheritance.

When renouncing an inheritance, a person cannot change his mind and subsequently cancel such refusal, even if it turns out that the inheritance includes expensive property. However, the general grounds for the invalidity of a transaction provided for by the Civil Code of the Russian Federation can serve as the basis for invalidating a refusal of inheritance.

Invalidation of renunciation of inheritance

Refusal of an inheritance is a unilateral transaction, therefore such refusal can be declared invalid on the general grounds established by the Civil Code of the Russian Federation. So, for example, a claim to declare a refusal of inheritance invalid can be filed in court due to the fact that it was committed:

• a person who is not capable at the time of refusal of inheritance to understand the meaning of his actions or to manage them (Article 177 of the Civil Code of the Russian Federation);
• under the influence of delusion (Article 178 of the Civil Code of the Russian Federation);
• under the influence of deception, violence, threat or unfavorable circumstances (Article 179 of the Civil Code of the Russian Federation);
• due to the fact that the refusal was feigned in nature (the refusal was used to cover up a transaction for the purchase and sale of inherited property) (Article 170 of the Civil Code of the Russian Federation).

 In what case can one refuse an inheritance if it is accepted?

In accordance with paragraph 2 of Article 1157 of the Civil Code of the Russian Federation, the heir has the right to refuse the inheritance within the six-month period established for accepting the inheritance, including in the case when he has already accepted the inheritance by all means permitted by law.

If the heir has performed actions indicating the actual acceptance of the inheritance (clause 2 of Article 1153), the court may, at the request of this heir, recognize him as having renounced the inheritance even after the expiration of the established period, if it finds the reasons for missing the deadline valid.

It should be noted that refusal of inheritance after the expiration of the established period is possible only if the heir implements such a method of accepting the inheritance as performing actions indicating the actual acceptance of the inheritance. An explanation of this is contained in paragraph 43 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9, which states the following:

“..After the expiration of what is specified in paragraph. 1 item 2 art. 1157 of the Civil Code of the Russian Federation, only the heir who has committed actions indicating the actual acceptance of the inheritance can be recognized as having renounced the inheritance, provided that the court recognizes valid reasons for missing the deadline for renunciation of the inheritance.”

Thus, it is impossible to refuse an inheritance after a six-month period from the opening of the inheritance if the heir accepted it legally, that is, by contacting a notary with an application to accept the inheritance or with an application to issue a certificate of the right to inheritance.

Refusal of inheritance in favor of other persons and renunciation of part of the inheritance

Persons in whose favor refusal of inheritance is possible.

The heir may renounce the inheritance without specifying the persons in whose favor he renounces the inherited property, or in favor of other persons from among the heirs by will or heirs by law of any order who are not deprived of the inheritance, as well as in favor of those who are called to inherit by the right of representation or by way of hereditary transmission (clause 1 of Article 1119, clause 1 of Article 1157, clause 1 of Article 1158 of the Civil Code of the Russian Federation). In this case, it does not matter whether the corresponding line is called to inherit or not (note: heirs by right of representation and heirs by way of hereditary transmission should not be potential, but called to inherit). Refusal of inheritance in favor of other persons is not permitted.

Since February 26, 2016, the ambiguity in the interpretation of the previous wording of the paragraph of the first paragraph 1 of Article 1158 of the Civil Code of the Russian Federation has been eliminated. Now, when choosing persons in whose favor the heir renounces the inheritance, he is not bound by the order of calling to inheritance. See more details “Refusal of inheritance in favor of other persons. Position of the Armed Forces of the Russian Federation and the Constitutional Court of the Russian Federation"

The order of heirs by law is established by Art. Art. 1141 - 1148 Civil Code of the Russian Federation:

• 1st priority - children, spouse and parents of the testator, as well as grandchildren of the testator and their descendants - by right of representation;
• 2nd priority - brothers and sisters of the testator, his grandparents, as well as nephews and nieces of the testator - by right of representation;
• 3rd priority - uncles and aunts of the testator, as well as cousins ​​of the testator - by right of representation;
• 4th stage - great-grandparents of the testator;
• 5th stage - children of the testator’s own nephews and nieces, siblings of his grandparents;
• 6th stage - great-great-grandsons and great-granddaughters, cousins ​​nephews and nieces, cousins ​​uncles and aunts;
• 7th stage - stepsons, stepdaughters, stepfather and stepmother of the testator;
• 8th stage - disabled dependents of the testator

Refusal of an inheritance is also possible in favor of persons to whom the right to inheritance has been transferred through hereditary transmission (Article 1156 of the Civil Code of the Russian Federation, paragraph 1 of Article 1158 of the Civil Code of the Russian Federation).

Refusal in favor of any of the following persons is not permitted:

• from property inherited under a will, if all the property of the testator is bequeathed to the heirs appointed by him;
• from the obligatory share in the inheritance (Article 1149 of the Civil Code of the Russian Federation);
• if the heir is assigned an heir (Article 1121 of the Civil Code of the Russian Federation).

Refusal of an inheritance due to an heir for several reasons . Refusal of inheritance is possible only in relation to all inherited property. For example, you cannot refuse to inherit part of an inheritance, but accept another part of it. For example, the heir does not have the right to refuse the testator’s car, but accept his apartment.

At the same time, there may be cases when the heir is called upon to inherit on several grounds at once (clause 3 of Article 1158 of the Civil Code of the Russian Federation), for example, by will and by law. In this case, the heir has the right:

• accept inheritance both by will and by law;
• accept the inheritance due to him by will, but refuse the inheritance due to him by law;
• accept the inheritance due to him by law, but refuse the inheritance due to him under the will;
• refuse the inheritance due to him both by will and by law.

For example , the heirs of the first stage are the son and daughter of the testator.
According to the testator's will, the apartment owned by him is transferred to his daughter. The inheritance also includes the testator's car, which remained unwilled. The daughter can accept the inheritance:

by will - an apartment and by law - ½ share in the right to a car;

according to the will - an apartment, and to refuse inheritance by law - from the share due to her in the right to a car.
In this case, the son inherits the car; by law - ½ share in the right to the car and refuse inheritance under the will;
refuse the inheritance - both the apartment and the car.

In paragraph 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 29, 2012 No. 9 “On judicial practice in inheritance cases,” it is stated that when applying paragraph 3 of Article 1158 of the Civil Code of the Russian Federation, the following should be taken into account:

• an heir who has the right to an obligatory share in the inheritance, when exercising it, cannot refuse to inherit by law the untested part of the property (clause 2 of Article 1149 of the Civil Code of the Russian Federation);
• an heir called to inherit on any grounds, having accepted it, has the right to refuse the inheritance (or not to accept the inheritance) due to him as a result of the refusal of the inheritance in his favor by another heir;
• an heir who accepts an inheritance by law does not have the right to refuse the inheritance that passes to him upon the unconditional refusal of the inheritance of another heir;
• If an heir by law refuses a directed renunciation in his favor from another heir, this share passes to all heirs by law called to inherit (including the heir who renounced the directed renunciation), in proportion to their inheritance shares.

Ways to refuse inheritance

The heir may renounce the inheritance in person, or by mail, or through a representative.

The heir's application to renounce the inheritance is submitted at the place of opening of the inheritance to a notary or an official authorized in accordance with the law to issue certificates of the right to inheritance.

In the event that an application for refusal of inheritance is submitted to a notary not by the heir himself, but by another person or sent by mail, the heir’s signature on such an application must be certified by a notary or a person authorized to certify powers of attorney in accordance with paragraph 3 of Art. 185.1 of the Civil Code of the Russian Federation (this article is referenced in Article 1153 of the Civil Code of the Russian Federation, which, in turn, is mentioned in paragraph 2 of Article 1159 of the Civil Code of the Russian Federation).

If the heir is a minor, incompetent or partially capable citizen, his refusal of the inheritance is allowed only with the prior permission of the guardianship and trusteeship authority.

This body, as a rule, gives such permission if the testator has debts included in the estate.

On behalf of the named persons, the application for refusal of inheritance is signed by their legal representative, who acts without a power of attorney (clause 4 of Article 1157, Article 1159 of the Civil Code of the Russian Federation).

 Deadline for renunciation of inheritance

As a general rule, you can refuse an inheritance within six months from the date of its opening, including in cases where the inheritance has already been accepted.

In this case, the time of opening of the inheritance, as a rule, is the moment of death of the citizen. Accordingly, the day of opening of the inheritance should be considered the date on which the death of the testator occurs (clause 1 of Article 1114, clause 2 of Article 1157, paragraph 1 of clause 1 of Article 1154 of the Civil Code of the Russian Federation).

If the heir has performed actions indicating the actual acceptance of the inheritance, the court may, upon the application of this heir, recognize him as having renounced the inheritance even after the established period, if it finds the reasons for missing the deadline valid.

Refusal to receive a testamentary refusal

Clause 1 of Article 1160 of the Civil Code of the Russian Federation establishes that the right to refuse with reservations or under conditions is not allowed.

There may be situations where the legatee is also an heir.

In this case, his right to refuse to receive a testamentary refusal does not depend on his right to accept or refuse the inheritance.

This means that the heir can accept the part of the inherited property due to him under the will, but refuse the testamentary refusal, which must be provided to him by another heir under the will.

Increment of hereditary shares

Increment of inherited shares is an increase in the size of the share of heirs at the expense of “disappeared” heirs in cases and in the manner prescribed by law.

The essence of the increase in inherited shares is that the part of the inheritance that would have been due to the heir who has fallen away on the grounds listed in paragraph 1 of Article 1161 of the Civil Code of the Russian Federation passes to the heirs by law called to inherit, in proportion to their inherited shares.

From Art. 1161 it follows that an increase in inherited shares is possible due to:

• refusal of inheritance without indicating the heir in whose favor the refusal is made (Article 1157 of the Civil Code of the Russian Federation);
• non-acceptance of the inheritance by the heir (including failure by the heir to perform the actions required for acceptance of the inheritance and provided for in Article 1153 of the Civil Code of the Russian Federation, death after the opening of the inheritance of the heir who did not have time to accept the inheritance, if he does not have his own heirs). If the deceased has heirs, the consequences provided for in Art. 1156 of the Civil Code of the Russian Federation (hereditary transmission);
• the heir lacks the right to inherit (Article 1117 of the Civil Code of the Russian Federation);
• removing the heir from inheritance (Article 1117 of the Civil Code of the Russian Federation). Paragraphs 47, 48 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases” contain the following explanations:

“The rule for the increment of inherited shares, according to which the share of a fallen heir by law or heir by will passes to the heirs by law and is distributed among them in proportion to their inherited shares, applies only if the following conditions are met:

the heir fell away for reasons that are exhaustively listed in paragraph 1 of Article 1161 of the Civil Code of the Russian Federation. The death of the heir before the opening of the inheritance is not one of them;

there is intestate inherited property (there is no will, or it contains instructions only in relation to part of the property, or the will is invalid, including partially, and the testator did not appoint an heir in accordance with paragraph 2 of Article 1121 of the Civil Code of the Russian Federation).

If all the property of the testator is bequeathed, the part of the inheritance due to the heir who fell away according to those specified in paragraph. 1 clause 1 of Article 1161 of the Civil Code of the Russian Federation on the grounds, according to paragraph. 2 of this paragraph passes to the remaining heirs under the will in proportion to their inheritance shares (unless the testator provides for a different distribution of this part of the inheritance).

In the event of the death of an heir under a will, according to which all inherited property is bequeathed to several heirs with the distribution of shares or specific property between them, before the opening of the inheritance or simultaneously with the testator, within the meaning of paragraph 2 of Article 1114 and paragraph 1 of Article 1116 of the Civil Code of the Russian Federation, the part of the inheritance intended for him is inherited by law by the heirs of the testator (if such an heir was not assigned an heir).”

In accordance with paragraph 2 of Article 1161 of the Civil Code of the Russian Federation, an increase in inherited shares does not occur if the testator took advantage of the freedom of will granted to him and assigned another heir to the fallen heir, thereby providing for a different distribution of this part of the inheritance.