How to recognize an heir as unworthy

An unworthy heir is a person who is forcibly excluded from inheriting.

Removal from inheritance is possible only through the procedure of recognizing the heir as unworthy, in which all the property that the heir managed to receive is returned (Clause 4, Article 1117 of the Civil Code of the Russian Federation), and this is the only legal way.

Which law to rely on

The issue is regulated by Article 1117 of the Civil Code. A few of the most important points:

1. Article 1117, paragraph 1, paragraph 1 - about persons trying to fraudulently obtain or increase their share of the inheritance (for example, this may be coercion in drawing up a will). These are the so-called absolutely unworthy heirs. If there is sufficient evidence of illegal actions, they are disinherited both by law and by will .
2. Article 1117, paragraph 2 of paragraph 1 - about parents deprived of parental rights. They are deprived of the right of inheritance by law .
3. Article 1117, paragraph 2 - about persons who evaded the responsibilities of caring for the testator. It can only be proven in court. This category of persons can only be excluded from the right of inheritance by law .

In the first and second cases, it is enough to provide the notary with a document or a court decision; in the third case, you will have to go to court.

Absolutely unworthy - persons who have committed acts that are prohibited by law, in order to increase their share. This:

1. Persons who prevented the testator from expressing his last will.
2. Persons who have lost parental rights and did not restore them at the time of opening the will (however, if the child has reached the age of majority at the time of opening the will, then the parents have the right to inherit under the will of their child).

Conditionally unworthy - conditionally unworthy heirs are persons who evade the maintenance of the testator.

For example, parents who have obligations to support their children who have not reached the age of majority or are unable to work.

These may also be children who are able to work and who are obligated to pay child support to their parents who are not able to work.

Let's summarize. What may be the grounds for declaring an heir unworthy:

1. Guilt in the death of the testator, which must be proven in court;
2. Intentional concealment of other heirs from the notary;
3. Guilt of an attempt on the health of other heirs in order to deliberately increase their share of the inheritance;
4. Intentional interference with the last will of the testator or destruction of the will;
5. Reluctance to support the testator during his lifetime, if this obligation is assigned by the court;

Evidence of unworthy inheritance

To confirm the fact that a person does not want to support the testator, you need to correctly draw up a claim and go to court . Any interested party counting on a share in the inheritance can do this. In order to go to court, you will need proof of guilt. Next, the case of an unworthy heir is considered by the court, taking into account the reason for the plaintiff’s appeal.

There are many reasons by which it can be proven that a person does not have the right to inherit.

It is worth considering this nuance: there is a difference between persons who do not have the right to inherit under a will and between those who are deprived of this right by law.

For example: those parents who were deprived of rights to a child cannot be heirs by law, but according to a will they can receive the inheritance even in its entirety (depending on what the will of the deceased was).

Rules for filing a claim

The application must include the following information:

Address and name of both parties, it is advisable to also add telephone numbers;

1. Testator's details. Also, you need the address of the person, the date of his death and his address where the deceased was registered;
2. Provision from each testator's will;
3. A justified claim to accept a share;
4. Reasons why one can call an heir unworthy.

One or more persons who are heirs have the right to file a claim. Those who do not participate in receiving the inheritance do not have the right to sue the unworthy heir.

The claim has been filed, what next?

You need to go through the following steps:

Collect a package of documents:

• copies of the statement of claim,
• receipt of payment of state duty (300 rubles),
• documents that form the basis of your demands (they can be very diverse: a court decision to collect alimony, a certificate from the bailiffs about alimony arrears, copies of death certificates, etc. - it all depends on the situation).

Contact the district court at the defendant’s place of residence.

Take part in legal proceedings, personally or through a representative. The period for consideration of the case is no more than two months.

Receive a court decision (will come into force one month after its final release).

Provide the resulting decision, if it is positive, to your notary.

Arbitrage practice

1. Citizen K., originally from Omsk, together with his family wanted to receive an inheritance from his late brother. The notary refused to allow them to do so, since the deceased had a granddaughter. This citizen decided to go to the regional court because this granddaughter killed her mother, the daughter of the deceased, and was sentenced to up to 8 years. The judge, having considered this application and the evidence provided, recognized the granddaughter as an unworthy heir and the inheritance acquired by the deceased was divided between his family.
2. In Blagoveshchensk, citizen A.’s brother died, and she stated that her brother’s wife, who did not take care of her brother in the last months of his life, did not live with him or help, and did not take part in the funeral. The court, having considered the application of citizen A, decided to refuse her request to make her brother’s wife an unworthy heir, since only the testimony of this woman was presented to the court, and the court did not see any other evidence.

How to recognize an heir as unworthy and receive the desired property?

Relatives often have to look for an answer to this question after the opening of an inheritance, because even close people often become irreconcilable enemies when it comes to the division of property. Relatives stop at nothing to obtain the treasured inheritance.

People are not afraid of difficult legal disputes or the loss of friendly relations; they only think about how to get real estate or money. But recognizing an heir as unworthy turns out to be very difficult.

Courts rarely recognize heirs as unworthy, but there are positive examples, here is one of them.

The plot of the case. The plaintiff is the sole heir in law of his sister. But the sister disposed of her property differently. In her will, she indicated that she was transferring all her property to her cousin. The plaintiff (brother) did not agree with this and through the court got his cousin recognized as an unworthy heir.

According to Art. 1117 of the Civil Code cannot be inherited by persons who deliberately committed actions against the will of the testator or his heirs, or against the implementation of the last will of the testator specified in the will, in order to achieve their calling or other persons to inherit or increase their share of the inheritance or the share of the inheritance of other persons, if these circumstances were established by the court.

The Supreme Court explained that regardless of the purpose and motives of illegal actions, they are grounds for loss of the right to inherit if they are committed intentionally (Plenum Resolution No. 9 of May 29, 2012 “On judicial practice in inheritance cases”).

The heir is unworthy according to paragraph 1 of Art. 1117 of the Civil Code, provided that the circumstances that constitute the basis for exclusion from inheritance are confirmed by the court - a verdict in a criminal case or a decision in a civil case.

How can one recognize an heir as unworthy?

Recognizing an heir as unworthy and removing him from inheritance may entail depriving such a subject of the possibility of succession to the private property of the deceased owner. The rules for taking possession of an inheritance are enshrined at the legislative level and any disputes about the legality of applicants are always resolved in accordance with the established procedure.

Who is considered an unworthy heir?

The law establishes specific situations, the commission of which may lead to the recognition of the successor as improper, which may have an impact on property claims. It can be:

1. Unlawful actions against the deceased and his followers. These include infliction of bodily harm of varying severity, threat of harm, restriction of freedom, incitement to suicide, etc. Their goal may be to obtain immovable or movable objects into personal ownership, eliminate other applicants, increase the due portion of savings, and more.
2. Misleading the deceased, communicating fictitious information, using cunning, etc. The same goals are pursued - to take advantage of the welfare of the deceased, to lure out profitable objects with lies, to persuade applicants to evade involvement in the inheritance procedure, etc.
3. Deprivation of life of the person who left inherited assets. The occurrence of death entails the opening of the possibility of obtaining the capital of the deceased person and, as a consequence, the ability to encroach on his fortune. Therefore, it is necessary to remove from succession a criminal who was motivated by hostility, jealousy, revenge, hooliganism, and so on. This list does not include cases of homicide by negligence.
4. Theft of property or monetary assets, which may result in a reduction in the share of the inheritance of other claimants.
5. Theft and forgery of testamentary documentation, renunciation of claims to the savings of the deceased, documents indicating family ties with him and registration at the place of residence, etc.

Such illegal activities must be verified by civil judgments and criminal convictions.

1. Deprivation of parental rights. The loss of this status in the presence of a judge's verdict deprives the parents of the authority to claim the property of the deceased child. In addition, biological fathers who have not completed the adoption procedure in a certain manner cannot count on receiving an inheritance.
2. Failure to fulfill legally established obligations for the material maintenance of the testator. A significant alimony debt must be confirmed by a court decision and a resolution to initiate enforcement proceedings from the FSSP.
3. Evasion of a father/mother from maintaining a child, including a foster or adopted child. A negligent attitude towards one's parental responsibilities can be confirmed by a conclusion from the guardianship authority, appeals from school and pre-school children's institutions, witness testimony and more.

It is possible to exclude from succession to the property of the deceased due to failure to fulfill alimony obligations only those applicants who expect to inherit in accordance with the rules of law.

Testamentary successors cannot be deprived of participation in the inheritance procedure.

In such a situation, the status of an unworthy follower can be confirmed only by filing a lawsuit in court of the interested entity.

1. Removal by the owner of the inherited property. He has the right, by his decision, to deprive a potential successor of his capital. This does not apply to entities receiving a mandatory share of assets. Unworthy recipients of the inheritance may be not only immediate successors, but also their descendants.

Reasons why it is impossible to recognize a successor as improper

• Preventing co-heirs from using the testator's property;
• Own use of the deceased’s belongings without registering ownership;
• Violations of agreements between relatives on the terms of division of property and its amount;
• Failure to fulfill obligations to the testator in the use of his savings;
• Protecting the deceased from communication with relatives, preventing meetings with them;
• Concealing a fatal event from interested parties;
• Failure to notify the notary about the existence of other claimants to the property of the deceased, wills left in favor of other people, the size of the remaining inheritance, etc.;
• Avoidance of participation in the funeral process and non-compliance with various funeral ceremonies;
• Conflict relationships with the deceased, quarrels, insults, threats, obvious hostility;
• Leading an unworthy lifestyle, committing immoral acts, immoral behavior towards one’s loved ones, etc.;
• Registration of guardianship, during the implementation of which the ward’s savings were spent;
• Making attempts to challenge the provisions of a will drawn up for another recipient, if the litigation ended not in favor of the plaintiff and he had no reason to go to court;
• Negligent use of the property of the deceased;
• Leaving the testator in the presence of a serious illness without the necessary help and treatment;
• Failure to provide care, failure to show interest in the immediate needs of the deceased, drawing him into alcohol addiction and other unhealthy hobbies;
• Registration of marital relations shortly before death without the intention of starting a family, when it is impossible to live together or carry out a common household.

When can a successor be deprived of the right to inherit?

There is no legislative deadline for conducting the process to establish the status of an unworthy acquirer of an inheritance. Such activities can be carried out before the death of a relative and after the start of the inheritance process.

During his lifetime, this can be done by the owner of the savings himself, setting out his wishes in a testamentary document.

In other cases, it is possible to limit the applicant’s claims to the estate after the death of the testator. In such a situation, the actions of the heir are not important.

Statute of limitations

Interested individuals can restore the deadline for filing a claim to establish the status of unworthiness for the beneficiary. The period may be set from the moment when applicants become aware of the existence of claims, after the end of the general period established for filing an appeal.

Recognition procedure

It is possible to recognize an heir as unworthy under the law only by applying to the judicial authorities, if the deceased did not state this in the clauses of the will. Court practice provides for the following acts that serve as reasons for exclusion from the succession procedure:

• Court verdicts regarding the commission of criminal acts against a deceased person and his followers;
• Decisions to establish the insolvency of testamentary and other contractual documentation concluded by an unworthy person;
• Decrees on deprivation of parents' powers;
• Acts directly establishing the recipient of the inheritance as unworthy, which are issued to certify the failure to fulfill alimony obligations.

In such processes, as a rule, other wishes may be stated regarding the lack of rights to assets, the illegality of issuing a certificate, and others.

General rules

1. The interested citizen, before contacting the appropriate authorities, must receive the document that serves as the basis for such actions. They can be presented as a sentence or a court decision. The document, as a rule, has already been prepared and you only need to request it from the office of the judicial authority, certified accordingly. If the proceedings have not yet been completed, it is worth notifying the notary who opened the inheritance material about this. The notice is drawn up in the form of a statement about the suspension of any actions until the end of the process.
2. After receiving the document, you need to contact a notary to remove the inappropriate applicant from the process. You will need to draw up an appeal and attach a judicial act. An employee of the organization is obliged to register the appeal in the appropriate journal and provide a receipt for registration of documentation.
3. Elimination procedure. It consists in reflecting in the certificate the fact that the recipient is recognized as improper; he is simply not indicated in it. A separate document is not drawn up or issued. The notary informs the person applying and the person being removed about such a decision before submitting the inheritance decision.

How to appeal illegal actions

Recognizing the recipient of a fortune as unworthy without the participation of a notary

This is inevitable if:

• The court issued a verdict regulating all aspects of the inheritance case. It may not only state the improper purchaser of the hereditary property, but also make a division of the acquired property between those who wish. This paper replaces a certificate presented by a notary. In this case, the case being processed by the notary must be terminated. In such a situation, the participating entities only need to notify the notary;
• Re-registration of the owner's powers in the name of the heirs is carried out on the basis of a judicial act. This is possible due to the delay of the trial and the failure to submit to the notary an application to suspend the execution of actions in the case until a verdict is made. By this time, the succession case will be terminated and the document will be presented (at the end of six months from the date of death of the testator), that is, after entering into the inheritance.

Claim to declare an heir unworthy

The format being analyzed is standard and may vary depending on the circumstances of the case. Its content must meet the requirements of current legislation and include the following items:

1. Details of the judicial authority and state duty. The claim is submitted to the district court at the place of residence of the defendant, even when conducting inheritance proceedings in another locality. The state duty is calculated at three hundred rubles.
2. Plaintiff. The applicant may be a citizen whose interests were violated due to the actions of an insolvent descendant. This subject may be a dependent of the deceased, a successor for whom the will was drawn up, or an heir in the immediate order. Rights holders of distant queues do not have the right to submit applications for deprivation.
3. General information. Information is presented about the deceased owner of the property, co-heirs, the property remaining from the deceased, about its acceptance by applicants, and the employee of the notary office that opened the case.
4. The essence of the situation. The circumstances of the case are outlined, evidence is given of the unworthiness of the applicant for the capital of the deceased, and the illegality of his actions.
5. Requirements for the defendant. Claims are indicated for recognizing the defendant as improper, removing him from inheritance, recognizing testamentary documentation as invalid, restoring the period for formalizing the powers of the heir, including missing things in the inherited estate, etc.

It should be noted that an unworthy successor is removed from the powers of an heir for various reasons. He loses the right to an obligatory share in the left capital, does not have the right to make a testamentary refusal, and other co-claimants cannot renounce their property for him.

Moreover, if there are no other possible recipients of the property of the deceased, it is transferred to the ownership of the municipality. Disqualification from receiving the deceased's estate changes the manner in which the rights of the deceased are exercised and the capital of the deceased is divided among other recipients.

The consequences of exclusion from receiving an inheritance are not only for an unworthy follower, but also for his descendants.

Recognizing an heir as unworthy: how to prove under Article 1117 of the Civil Code of the Russian Federation, a statement of claim to court

Disputes about inheritance often arise. Each heir who potentially has the right to claim property wants to receive property included in the estate.

But the established order, as well as the presence of a will, nullify the desires of such persons.

In some cases, in the presence of established circumstances, the heir may be considered unworthy, then the queue will shift towards the next applicants.

Who is considered an unworthy heir?

Current legislation provides for the concept of an unworthy heir in the Family Code, namely in Article 1117. A person can be recognized as an unworthy heir in the following cases:

• the actions of such a person caused the death of the testator. In this case, actions must be deliberate;
• the citizen committed intentional crimes against the testator and his family members;
• the citizen tried to obtain an inheritance by illegal means, for example, by providing the notary with forged documents;
• parents were deprived of parental rights;
• persons did not fulfill their obligations to support the testator when such obligations officially existed.

An heir can be declared unworthy in accordance with the procedure established by law. It is important that the specified facts are present, as well as the provision of relevant evidence to the court or notary.

How to exclude an unworthy person from the list of heirs?

Recognition of an heir as unworthy is carried out in two ways, the choice of which will depend on the acts committed by such persons:

1. Through a notary. You can exclude a citizen from the list of heirs without a trial by contacting a notary who is in charge of the inheritance case. This is possible only when there is a court decision confirming the unlawful behavior of the heir towards the testator, for example, the fact of causing harm to him or a decision to deprive the heir of parental rights.
2. In other cases, you will have to file a claim in court.

There is no other procedure for recognizing an heir as unworthy.

Consideration of the case in court

If you need to go to court, you must follow a certain procedure. Otherwise, it is impossible to guarantee a positive outcome:

1. Preparation of a statement of claim. The plaintiff, in this case, is any person who has the right to inheritance. The application is submitted at the defendant’s place of residence.
2. Collection of a package of documentation confirming the plaintiff’s position. This can be various evidence, for example, receipts indicating alimony payments, photographs, and so on.
3. Filing a claim and awaiting trial. As a rule, a hearing is scheduled within a month from the date of filing the claim.
4. Participation in litigation. It will be necessary to prepare original documents, as well as a speech, which should be as concise as possible, but informative. You can also prepare motions to call witnesses who can confirm the applicant’s position.
5. Receiving a judicial act. A decision with a mark on entry into legal force will be required.
6. Providing the decision to the notary who is handling the relevant case.

A statement of claim to recognize a citizen as an unworthy heir must contain the following points:

• the header of the application with the details of the court, the plaintiff, the defendant and third parties, as well as the price of the claim and the amount of the fee;
• Title of the document;
• the main text, which indicates the main points of the situation, the plaintiff’s arguments, evidence, as well as links to legal acts;
• the pleading part, where the plaintiff indicates his demand;
• list of applications;
• date and signature of the applicant.

Each step must be taken as seriously as possible. If the claim is refused, it will be impossible to file the same claim a second time.

Documents for recognizing an heir as unworthy

When going to court to recognize a citizen as an unworthy heir, you will need a number of papers:

• statement of claim. Drawed up independently or with the help of a lawyer. The number of copies required is equal to the number of parties to the process;
• a document that confirms the identity of the applicant. Most often, a passport is used, but if it is missing for some reason, another document that performs the same function, for example, a temporary identity card, can be used;
• death certificate of the person who is the testator;
• papers that indicate the presence of family ties between the testator and the plaintiff or a will in which the plaintiff is indicated as an heir;
• a court decision that entered into legal force if it indicated facts important to the case;
• documents proving illegal actions on the part of the defendant in relation to the testator, other heirs or property of the testator;
• other papers proving the plaintiff’s position.

Copies of papers are attached to the statement of claim, but at the first meeting it is better to take the originals for certification by the judge.

If it was not possible to obtain a document, you can petition the court to send a request to the relevant body or organization, but it is necessary to prove that the plaintiff did everything possible to obtain such a document, for example, submitted an application, sent it in person or by mail.

What to do after the decision is made?

The fact that there is a court decision does not mean that an heir who is found unworthy will automatically be deprived of the right to receive the property previously due to him.

To complete the judicial procedure, the plaintiff will need to obtain a judicial act and apply with it to the notary who is handling the inheritance case. After this, he will remove the heir from the register.

If the decision is made after such a person actually receives the property, the situation becomes a little more complicated. This point must be reflected in the statement of claim and the decision indicates the need to return the property received by the unworthy heir.

Enforcement proceedings

After the decision is made and it comes into force, the plaintiff goes to court to obtain a writ of execution. The next step is to submit a writ of execution to the bailiff service at the debtor’s place of residence. It is the bailiffs who will search for the property and funds of the debtor in case of refusal of voluntary execution.

Procedure for returning property

The property that the unworthy heir actually received is returned in kind. But not in all cases such a return will actually be possible. In some situations, it is impossible to get property back, for example, if it was sold and it is not possible to find it or if it has gone out of circulation.

In these cases, it is possible to replace the actual compensation with a cash equivalent. The replacement can also be partial, for example, if the debtor has worsened the condition of the property, then it reimburses its partial value, taking into account wear and tear.

An unworthy heir may also receive an obligation to compensate for losses incurred by the legal owners in connection with their deprivation of such property. The exact amount is determined by the court in each specific case, based on the evidence presented.

Important! In this case, the rule of unjust enrichment applies. A citizen who acquired property, if it was subsequently recognized as unjust enrichment, must return this property, regardless of whether such transfer of property occurred at his will or against it.

Appealing the status of an unworthy heir

You can appeal a decision to recognize a person as an unworthy heir in the general manner. It is worth being guided by the following points:

• prepare a competent application to the court. It is recommended to contact a professional lawyer or independently study the issue in detail;
• provide the court with evidence with which to refute the arguments of the other side;
• You can appeal both the actions of a notary and the decision of the court of first instance on appeal. It is worth remembering that the appeal does not accept new evidence; the decision can be overturned if the previously provided documents, facts and incorrect analysis of legal norms are incorrectly analyzed.

It will not be possible to appeal the status of an unworthy heir if there is a court decision that has entered into force on the commission of illegal actions against the testator. However, in other cases there is a possibility.

Attention! If the decision was made due to the fact that the unworthy heir did not take part in the life of the testator and did not fulfill his obligations to support the person (did not pay child support), but he has receipts proving that the second parent received funds for the minor, as well as evidence the fact that he was prevented from communicating with him, the requirement to recognize the heir as unworthy can be challenged.

Consequences of recognizing a person as an unworthy heir

An unworthy heir, that is, one who committed certain actions during the life of the testator or after his death, loses his status. Such a person cannot claim the property that would be due to him in the absence of such a decision.

If a person was recognized as an unworthy heir after he actually received the property, he will have to return it. In a situation where the property is not preserved in kind, its value is subject to compensation.

That part of the inheritance that was due to the unworthy heir passes to the next in line.

An unworthy heir is completely deprived of the right to receive property from the inheritance mass. The decision to recognize a person as an unworthy heir is made either by a notary on the basis of a judicial act, or by a court, based on the arguments of the parties. The procedure requires clear evidence indicating the commission of an act due to which this status can be assigned.

How to recognize an heir as unworthy?

Heirs, regardless of the method of inheriting property, are considered unworthy if their illegal actions in relation to the testator or co-heirs are proven in court, and also if the heirs evaded the fulfillment of their duties to provide financial support for the deceased. An unworthy heir loses the right of inheritance in full and is not able to receive any part of the testator's property.

The concept of an unworthy heir

Unworthy heirs are persons who do not have the right to inherit property either by law or by will. At the same time, in accordance with paragraph 1 of Art. 1117 of the Civil Code of the Russian Federation, if the recipient of the inheritance is declared unworthy before the will is drawn up, then he has the right to receive property under the will.

Grounds for recognizing an heir as unworthy

The grounds for recognizing a citizen as an unworthy heir are stated in paragraph 1 of Art. 1117 of the Civil Code of the Russian Federation, while the exclusion from the right to inheritance must be caused by subjective reasons - the behavior or actions (inaction) of the citizen himself.

Criminal omission includes situations where the heir, for selfish reasons, deliberately did not give medicine to the testator, left him in danger or ignored the need for help, as a result of which the testator died or serious damage was caused to his health.

According to Art. 1117 of the Civil Code of the Russian Federation and judicial practice, removal from a will occurs in the presence of the following circumstances:

Persons who have committed crimes, offenses or criminal attacks against the testator, co-heirs or inherited property.	Causing minor, moderate or serious harm to health, beatings.	The man threatened to kill the testator, forcing him to draw up a will for sole inheritance of property. If this fact is proven, the will will be declared invalid, and the citizen will be held accountable.
Threats of harm or death.
Driving to suicide.
Misleading the participants in the process, deception.	One of the recipients of the property deceives the testator into thinking that others are unworthy of receiving the property - they wish him death, do not participate in his life and refuse to help. However, in reality they care about the testator and do not wish him to die.
Deprivation of life.	In this case, the citizen is automatically recognized as unworthy; other co-heirs do not need to go to court.
Theft of part of the inheritance mass due to which the shares of other participants in the inheritance process are reduced.	During the funeral of the testator, a woman stole jewelry from his apartment for personal use, worth a total of 1 million rubles. Because of her actions, the inheritance was reduced, and other heirs did not receive their shares. If the theft is proven, she will be excluded from inheritance and prosecuted.
Forging documents to increase your share or the share of a third party.
Parents or one of them deprived of parental rights.	Actions that led to deprivation of rights. At the same time, biological fathers who do not adopt their children are also deprived of inheritance rights.	The child's father turned to a notary to enter into the inheritance of a deceased child. However, before he came of age, the man was deprived of parental rights, so his claims are unfounded.
Persons who deliberately evade fulfillment of obligations to provide material support to the testator.	Refusal to pay prescribed alimony. Alimony can be prescribed both for minor children and for disabled adults.	The father of the deceased child went to court to recognize his ex-wife as an unworthy heir. The child's mother was required to pay child support until he reached adulthood, but did not do so. Over several years, a debt has accumulated, about which the bailiffs have relevant records. The mother was recognized as an unworthy heir because she deliberately evaded paying alimony.

In court proceedings, not only witness testimony will be required, but documentary evidence of his unworthiness:

• court verdict on the commission of a crime or criminal attack against the testator or other heirs,
• a court decision on failure to fulfill maintenance obligations or confirmation of deprivation of parental rights, if the recipients of the inheritance are the parents.

Who can be considered unworthy?

Any person, including heirs of a compulsory share, who has committed a crime or offense against the testator or co-heirs in order to increase his share in the received property, as well as to increase the share of another person, may be recognized as an unworthy heir.

The Supreme Court of the Russian Federation gave comprehensive clarifications on inheritance disputes; criminal infringement must be:

• Deliberate – committed consciously;
• Directed against the property rights of other participants in the inheritance dispute;
• Directed against the life and health of other co-heirs or the testator to increase the share of inherited property.

The legislation does not predetermine specific types of crimes or offenses, upon the commission of which a citizen is exempt from the right to receive an inheritance. Therefore, according to the general rules, all crimes aimed at causing harm to the life and health of co-heirs and the testator, as well as attempts to deliberately increase the share of inheritance, are taken into account.

Consequences of confession

The main consequence of declaring a citizen unworthy is his complete exclusion from the right to receive the property of the deceased. The heirs of an unworthy person lose the right to inherit by nomination if the recipient of the property dies during the opening of the inheritance. You can only regain your rights through the courts.

Peculiarities of recognizing an heir as unworthy

In the process of recognizing a citizen as unworthy of receiving an inheritance, only the actual facts of committing a crime or offense are determined. Interpersonal relations of the parties are not grounds for restricting the right of inheritance, including refusal of financial assistance to the deceased, or the absence of family relations between them.

The exclusion of citizens from the number of heirs is carried out in several ways:

1. Exclusion by the will of the testator by drawing up a will and determining the circle of persons who will receive all the funds. At the same time, it is permissible to determine a mandatory share for certain categories of citizens - they are entitled to a part of the inheritance, regardless of the presence or absence of a will.
2. Removal from the right of inheritance in court if other co-heirs are confident that the recipient of the share is unworthy.
3. Automatic exclusion from receiving an inheritance occurs if a citizen has committed a violent crime against other co-heirs or the testator, resulting in the death of the latter.

If there is a will

The will, according to the second paragraph of paragraph 1 of Art. 1117 of the Civil Code of the Russian Federation can guarantee the right of inheritance to an unworthy heir if it is drawn up after the commission of a crime by the guilty person and before the death of the testator. In this case, the testator must know that the heir has committed illegal actions, but still bequeath to him part of his property.

There are two types of wills:

1. Invalid (void), drawn up in violation of procedural rules, including cases of incorrect execution of documents, their preparation under the threat of harm or murder, deception or misrepresentation.
2. Contestable, drawn up without violating procedural rules, but with the possibility of challenging them, for example, in the case of the allocation of a mandatory share.

If the will is properly executed, the risk of challenging it is minimal.

The preparation of such a document requires not only the participation of a good notary, and, if necessary, witnesses, but also the receipt of medical documents about the mental health of the testator and his psychological state.

Heirs by law or will will not be able to challenge the will of the testator if he himself takes care of documents confirming his mental health.

Recognition as unworthy after inheritance

The recognition of an heir as unworthy after he has assumed the rights of inheritance is carried out according to the general rule - in court. If a citizen is found unworthy to receive his share in the inheritance after entering into an inheritance, he is obliged to return all the property received for its distribution among other heirs.

The procedure for recognizing an heir as unworthy

Anyone interested in receiving the funds of a deceased person - co-heirs, heirs by right of representation and others - have the right to apply to the court. If there are exceptional circumstances, the court excludes one or more citizens from inheritance.

A practical example of removing multiple heirs:

Two co-heirs agreed to fraudulently obtain the entire inheritance of a deceased citizen: they forged a will, and also tried to block the heirs of the compulsory share from inheriting with threats of violence.

Thus, they committed a crime against other co-heirs.

In court, both citizens were found guilty of committing a crime.

Other co-heirs went to court to recognize these citizens as unworthy of the inheritance; the court satisfied the claims in full.

Statement of claim

The statement of claim is filed in court only after the opening of the inheritance; it is impossible to go to court before the death of the testator. An interested person has the right to submit his claims within three years from the date of opening of the inheritance, or from the moment when the co-heir learned about the violated right.

In accordance with Art. 131 of the Code of Civil Procedure of the Russian Federation the following information is indicated in the statement of claim:

• Full name of the plaintiff or plaintiffs, if there are several of them, their contact information and registration (residence) address;
• Full name of the defendant, all his personal data and residence address;
• Full name and personal data of the representative when he is involved in the process;
• Full name of the testator and address of his last place of residence;
• Type of right to inheritance: by law (in this case the plaintiff’s turn is indicated) or by will;
• Grounds for recognizing the defendant as unworthy of inheritance;
• Petition to the court;
• List of all attached documentation.

Extension of the limitation period is possible only in special cases. The decision to restore the missed period is made by the court.

Documentation

The complete list of documents for trial depends on the circumstances of the case under consideration. It is impossible to predict the amount of documentation without studying the process materials.

General documents that must be attached include:

• A copy of the claim;
• A copy of the heir’s passport and (or) birth certificate;
• Copies of documents confirming the qualifications of the representative;
• A check or other document confirming payment of the state duty;
• Death certificate of the testator or testator;
• Documents establishing the right of inheritance (confirmation of kinship or a copy of the will);
• Property documents (certificate of ownership of movable and immovable property, shares, deposits, etc.);
• Evidence of the defendant's unworthiness.

Other documents are submitted depending on the case, sometimes this may be a court decision to deprive parents of parental rights, a court verdict confirming the commission of a crime, data on non-payment of child support.

State duty

Inheritance disputes are predominantly non-property in nature, therefore the amount of the state duty is determined by paragraphs. 3 p. 1 art. 333.19 of the Tax Code of the Russian Federation and amounts to 300 rubles. The fee is paid once until the dispute is resolved. If there are no documents confirming payment of the state fee, the court has the right to refuse to accept the statement of claim.

Terms of consideration

According to paragraph 1 of Art. 154 of the Code of Civil Procedure of the Russian Federation, the period for consideration of civil cases is two months from the date the plaintiff applies to the court. In this case, it is possible to extend the consideration period in the presence of exceptional circumstances, as well as on the basis of federal legislation.

Inheritance disputes are considered by courts of general jurisdiction on the basis of paragraphs. 1 clause 1 and clause 3 art. 22 Code of Civil Procedure of the Russian Federation. In accordance with paragraphs. 5 p. 1 art. 23 of the Code of Civil Procedure of the Russian Federation, magistrates' courts do not consider disputes regarding inheritance of property.

Arbitrage practice

Judicial practice on recognizing a citizen as an unworthy heir is mainly negative for plaintiffs. This state of affairs is not due to the general tendency of decisions being made in favor of the defendants, but to the substitution of concepts by the plaintiffs and their representatives.

Many plaintiffs go to court with a claim to declare a co-heir unworthy on the basis of interpersonal relations within the family, but in the legal sphere only legal relations and obligations without moral and ethical standards are taken into account.

The procedure for reinstatement of rights

The procedure for restoring the rights of unworthy heirs is carried out in a general manner through the court; it is impossible to achieve the return of rights by other means. A citizen recognized as an unworthy heir must prove to a higher court the illegality of the earlier decision.

Statement of claim

The statement of claim is drawn up according to the general rules established in Art. 131 Code of Civil Procedure of the Russian Federation. In this case, the application must indicate the circumstances characterizing and indicating a violation of the applicant’s constitutional rights. An unworthy heir may appeal to a higher court if his rights to property have been disputed by other co-heirs.

Required documents

The claim will need to be accompanied by the standard list of documents listed above. In this case, you will need to provide evidence of innocence and (or) illegality of the previously made decision.

Arbitrage practice

Restoration of rights is a complex procedure, since most courts, when deciding to recognize a citizen as unworthy of receiving an inheritance, rely on comprehensive facts. The decision to recognize a citizen as an unworthy heir is rarely made, but any citizen can appeal to a higher court and express his vision of the matter.

Conclusion

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The process of recognizing a citizen as an unworthy heir can drag on for months and years, because it is impossible to voluntarily renounce the inheritance if the citizen is removed in the court of first instance. Many cases reach the Supreme Court because the parties disagree with the decision.

Lawyer. 12 years of experience. Specialization: family and inheritance law.

An unworthy heir, without the possibility of appeal, must commit a crime against the testator or co-heirs in order to increase his or someone else's share in the property. In other cases, the decision to recognize a person as unworthy is made extremely rarely.

How to recognize an heir as unworthy - help from a lawyer

Heirs, in their struggle for inheritance, often go to great lengths to receive or at least increase their due share.

And if their actions are frankly illegal, then it is worth trying to recognize such heirs as unworthy. This will deprive them of the right to inheritance.

In this article, we will figure out how to recognize an heir as unworthy and what help from a lawyer in Moscow is required on this issue.

Legal grounds

The resolution of the Plenum of the Supreme Court of the Russian Federation No. 9 of 2012 notes that all the grounds for recognizing the heir as illegal are reflected in Art. 1117 Civil Code. Based on the provisions of this article, all unworthy heirs can be conditionally divided into 4 groups.

1. Those who have committed a deliberate criminal act. But not every crime is a reason for exclusion from inheritance. The unlawful act must be directed against the testator and (or) co-heirs.
2. Parents deprived of parental rights when inheriting their child. As follows from the very wording of “parental rights,” citizens lose, in principle, all rights to the child, including the right to inherit the child’s property.
3. Those who have evaded fulfilling the obligations of maintaining the testator, if any are imposed on them by law or by the court. But the evasion must be malicious.
4. Increasing the share of inheritance. This includes the destruction of a will, its forgery, and even threats against the testator, heir under a will or by law. The main motive for such an act should be precisely to increase one’s share, or the share of another heir.

Therefore, this does not include some actions that are condemned by society. For example, frequent quarrels between the heir and the testator cannot be an obstacle to inheritance. The heir will not be unworthy because he did not look after the testator when he needed such care (if this care is not assigned by law or court to the heir).

Establishing the unworthiness of an inheritance occurs in 2 ways. The first is pre-trial, that is, through a notary. The second is judicial, that is, through a court decision.

Pre-trial procedure

Lawyers are often asked whether it is possible to recognize an heir as unworthy without going to court. The answer here will be in the affirmative, provided that the interested person has a court decision or decree that in one way or another “fits” into the norms of Art. 1117 of the Civil Code of the Russian Federation.

Nikolai L. turned to a lawyer for help. The man was interested in whether it was possible to recognize the heir as unworthy based on a previously passed sentence. The fact is that Nikolai’s grandmother died. Her eldest son was to succeed her.

But the right to inheritance of the youngest son passed through transmission to Nikolai. There were no other heirs. But the eldest son caused the death of his mother, which was established by the court. The lawyer explained that Nikolai, as an interested party, has the right to contact a notary to accept the inheritance.

In this case, the notary must be presented with a court decision convicting the direct heir.

But notaries do not always make decisions to recognize an heir as unworthy. If there is little or contradictory data, interested parties will have to prove their claim in court.

Judicial order

In complex situations that require actual proceedings, the court is involved. The judge makes a decision to recognize the heir as unworthy in accordance with Art. 1117 of the Civil Code of the Russian Federation. This procedure will be required if:

• there is no court decision on the commission of a crime by the heir against the co-heirs and the testator - for example, a criminal case has been opened, but the investigation has not been completed, there has been no trial, and no conviction has been made;
• a fact of fraud with an inheritance (will, property) has been committed - this fact must be established in court, the actions of the heir must be given a legal assessment;
• it has been established (or suspected) that the heir did not fulfill the obligations imposed by law or court to support the testator;
• A lot of time has passed since the opening of the inheritance - the unworthy heir received the inheritance, but the circumstances of what happened were rediscovered (another heir learned that the unworthy heir received his due share in an unlawful way).

Daria U turned to a lawyer for help. The girl wanted to know how to act in the current situation. She, together with her brother and sister, was supposed to inherit an apartment in Moscow. But the brother, not wanting to share, dealt with Daria’s sister.

However, this fact became known only 2 years after receiving the inheritance. The brother's guilt has been proven.

To recognize a deceased person as an unworthy heir, the interested person must send a statement of claim to the city (district, interdistrict) court at the defendant’s place of residence. The statement states:

• information about the applicant, defendant, testator, estate and notary who opened and conducted the inheritance proceedings;
• facts that are relevant to the appeal, references to legislation;
• the plaintiff’s justified position;
• claim;
• list of evidence.

Along with the statement of claim, the plaintiff submits a whole package of documents. This includes:

• the applicant's identity card;
• evidence in the case;
• a document certifying the right to inheritance (will, documents on family ties);
• receipt of payment of state duty;
• inheritance documents (if any).

The evidence in the case includes not only documents, but also other “evidence”. This is about:

• witness testimony - provided in writing; the witness, upon request of the court, must appear in court to testify in person);
• certificates and other explanatory papers - for example, a certificate about the real amount of the salary of the alimony payer who unlawfully inherited property from the testator, whom he was obliged to support;
• account statements;
• materials of a criminal case terminated due to the death of the victim.

Any confirmation of the plaintiff's position may be used as evidence. But it is better to entrust the preparation of the claim and the collection of evidence, the correct execution and conduct of the case in court to a lawyer. Otherwise, either the inheritance period will be delayed, or the case may be lost altogether.

If the heir is found unworthy by the court, then he is deprived of the right to inheritance (even if he managed to receive it). Consequently, he will have to return everything misappropriated.

If this cannot be done in kind (for example, the inheritance is sold), the unworthy heir is obliged to pay compensation.

Moreover, the amount of compensation is not limited to the share received or the amount of proceeds from the sale of the inheritance. Compensation will include:

• lost income from the use of property (for example, an apartment was rented out);
• the difference in the value of the inheritance when its price increases (for example, an apartment was sold for 3.5 million rubles, but by the time the heir was declared unworthy, its market value would have been 5 million rubles);
• deterioration of the properties, characteristics and other parameters of the property that occurred during the period of unlawful possession (for example, furniture, interior was damaged, glass was broken, etc.).

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