Sample application for renunciation of inheritance

Getting something for nothing is very tempting. Who doesn't want to get a house, apartment, car or cottage? But there are cases when the heir refuses what was bequeathed to him. This happens at will or due to some difficult situations. Below will be presented the form that will need to be provided to the notary, namely an application for refusal of inheritance. This process can be viewed as a one-sided transaction in which the heir waives all rights to them in favor of the other participants. There are many subtleties here that should be taken into account so that you do not have to sort it out in court. This process has strict time limits: if you overstay one of the periods, it will be difficult for you to prove your case in court.

 
Do not rush to run to the notary to draw up documents. Wait a month, think about it, weigh your decision, you have time. Before considering a sample application for refusal of inheritance, it is necessary to understand its types. There are only two of them: unconditional and directed.

Directed refusal implies that the citizen re-registers his share to another person who is mentioned in the will or who legally owns part of the left property. The other type is unconditional: in this case, the citizen completely renounces and does not transfer to anyone his rights to own this property.

In any case, you will have to write to a notary a statement of refusal of inheritance in favor of another heir or a simple refusal.

You can complete the refusal yourself, but it is still recommended to contact a notary’s office, where you can get legal advice that will cover all aspects of your particular case.

Registration of refusal of inheritance must be completed within six months from the date of death of the owner.
If you do not have time to document everything, you need to go to court. At the end of the trial, a court decision will be announced, on the basis of which a refusal can be issued. If you accepted the funds, but 6 months have not passed since the death of the owner, then you still have time to refuse your decision. The reverse situation is not so simple. That is, if you refused and now want to get it back. The court will decide not in your favor. Now let’s consider the case if the heir is a minor, incompetent or partially capable citizen. Such citizens require prior permission from the guardianship and trusteeship authorities.

You have firmly decided that you want to give up the property left to you, then the first step should be to go to a notary. There you will find a form to fill out or you can use the sample below. There are a lot of notary offices, but not every one will suit you. You need to contact the office where the case was opened. If you filled out and officially confirmed the acceptance of funds, and now you need to refuse it, then you need to go to court.

Consider the application for refusal of inheritance (samples). There are many other forms, but here are the most standard ones. You need to know that when registering a case, you may need other documents. You can find out about this from a notary by first contacting him.

Samples of an application for refusal of inheritance (form)

The decision has been made, all the pros and cons have been weighed, you have come to the notary and consulted.
Now you need to write and submit an application for refusal of inheritance. Depending on the situation, you choose what is suitable for your case (there are only two): an application for refusal of inheritance or in favor of another heir. The form does not have to be the same, it is arbitrary and depends on your situation.

Sample unconditional refusal:

Sample unconditional refusal

Sample refusal in someone's favor:

Sample of refusal in someone's favor
The application for refusal of inheritance should not contain any reservations or additional conditions; the citizen must express his will in a strictly defined form, clearly and understandably. To avoid having to redo it, use the sample above.

If the application for refusal is drawn up by another trustee, the signature of the heir must be witnessed by a notary or an official authorized to perform notarial acts or certify powers of attorney.

You should not delay filling out the application so as not to have to go to court. You have a limited time: 6 months from the date of death of the heir to write an application for refusal of inheritance. Think carefully before refusing what you have bequeathed, because you will still have time to refuse, but accepting it back will be problematic.

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Отказ РѕС‚ наследства: образец заявленияВ

Среди прав, зафиксированных РІ ГК Р Р¤, присутствует Рё РїС ЂР°РІРѕ отказа РѕС‚ РЅР°СЃР»РµРґСЃС ‚РІР°. RћРЅРѕ регламентируется статьей 1158.

Еслввиду каких-либо обстоятельств гражданин РЅРµ желает принимать РёРјСѓС‰ ество, которое должно перейти RµРјСѓ РѕС‚ SѓРјРµСЂС€РµРіРѕ, РѕРЅ Р ІРїСЂР°РІРµ написать отказ. Р'умага оформляется РїРѕ определенным нормам.

RR°R»РµРµ будет рассмотрено, РІ каких случаях возможно РѕС „ормДение S‚акого документа, Р° РІ конце SЃС‚атьи доступен для SЃРєР°С‡РёРІР°РЅРёСЏ RѕР±СЂР°Р·РµС†.

Что представляет SЃРѕР±РѕР№ документ

Согласно ГК Р Р¤, принятие наследства – это РЅРµ обязаннос S‚СЊ, Р° РІРѕРїСЂРѕСЃ выбора.

Отказ представляет СЃРѕР±РѕР№ документальное РїРѕРґС‚РІРµС ЂР¶РґРµРЅРёРµ S‚РѕРіРѕ, что граждангн РЅРµ SЃРѕРіР»Р °СЃРµРЅ принять собственность, права Рё обязательства, которые переходят ему РѕС‚ SѓРјРµСЂС€РµРіРѕ.

RћРЅ оформляется РІ форме R·Р°СЏРІР»РµРЅРёСЏ. Подается документ нотариусСГ, который ведет насл едствеРSРЅРѕРµ дело.

Заявление РѕР± отказе РѕС‚ наследства имеет РґРІР° РІРІрґР°:

1. Р'езусловный (без указания РґСЂСѓРіРѕРіРѕ наследника). Р' таком SЃР»СѓС‡Р°Рµ Р±СѓРґСѓС‚ увеличеРС‹ доли остальных лиц.
2. R' RїRѕR»СЊР·Сѓ РеРЅРѕРіРѕ наследника. Ограничен лгцами, претендующими РЅР° SЃРѕР±СЃС‚РІРµРЅРЅРѕСЃС‚С Њ умершего РїРѕ закону либо RїРѕ завеща РЅРёСЋ. Причем RїРѕР»СѓС‡РёС‚СЊ долю RјРѕР¶РµС‚ даже наследник, РєРѕС‚РѕСЂС ‹Р№ РЅРµ РїСЂРѕС…РѕРґРёР» РїРѕ очередности.

Стоит заметить, что отказ от части наследства не д опускается.

Как пример, наследник РЅРµ RјРѕР¶РµС‚ принять РґРѕРј Рё отказат СЊСЃСЏ РѕС‚ выплаты долгов SѓРјРµСЂС€РµРіРѕ.

R' S‚ексте документа гражданин RјРѕР¶РµС‚ перечгслить Рє RѕРЅРєСЂРµС‚ный состав омущества, RєРѕС‚РѕСЂРѕРµ перейдет РІ пользу РґСЂСѓРіРѕРіРѕ лица.

Образец для составления безусловного отказа

Р'начале РїСЂРеведем план, РїРѕ которому SЃРѕСЃС‚авляется Р±Рµ зусловный отказ. RS‚Рѕ заявленве РЅРµ предусматрРевает SѓРєР°Р·Р°РЅРёРµ конкретных лиц, которым перейдет доля. RћРґРЅР°РєРѕ RіСЂР°Р¶РґР°РЅСЃРєРѕРµ RїСЂР°РІРѕ RґРѕРїСѓСЃРєР°РµС‚ R·R°RїRѕR»РЅРµРЅРёРµ S‚ак РѕРіРѕ бланка.

1. Оформленме начинается СЃ верхнего правого SѓРіР»Р°. R'водятся данные нотарРеальной конторы, РєСѓРґР° направляется заявление РѕР± откаР·Рµ РѕС‚ наследства.
2. Прописываются SЃРІРµРґРµРЅРёСЏ Рѕ заявителе – его Р¤РРћ мест Рѕ проживания.
3. По центру указывается название бланка.
4. RћSЃРЅРѕРІРЅРѕР№ S‚екст. RџРёС€РµС‚СЃСЏ РѕС‚ RїРµСЂРІРѕРіРѕ R»РёС†Р°, RєРѕРЅСЃС‚атируется S„акт РѕС‚С ЂРµС‡РµРЅРёСЏ РѕС‚ доли РІ наследстве РіСЂР° жданина, указывают Р¤РРћ Рё дату смерти.
5. Число и личная подпись заявителя.

RџСЂРё подтверждениважно RїРѕРјРЅРёС‚СЊ, что RїРѕРґРїРёСЃСЊ РІ РґРѕР єСѓРјРµРЅС‚Рµ должна совпадать СЃ образцом РІ РїР °СЃРїРѕСЂС‚Рµ.

Как составляется отказ РІ пользу РґСЂСѓРіРѕРіРѕ лко†Р°

нругая ситуация – нужно наппЁать отказ РѕС‚ наследств Р° РІ пользу РґСЂСѓРіРѕРѕѕ насл RµРґРЅРёРєР°. Р' целом содержание RїРёСЃСЊРјРµРЅРЅРѕР№ формы изменится RјР°Р»Р *. RљРѕСЂСЂРµРєС‚РёРІС‹ потребуется RІРЅРµСЃС‚Рё S‚олько РІ РѕСЃРЅРѕРІРЅР ѕР№ текст.

1. R'верху справа указывается нотариальное SѓС‡СЂРµР¶РґРµРЅРё Рµ, оформлявшее наследственное деР"Рѕ.
2. R»R°R»РµРµ RґР°РЅРЅС‹Рµ R»РёС†Р°, оформившего RґРѕРєСѓРјРµРЅС‚ (Р¤РРћ мест Рѕ проживания).
3. РџРѕ центру РЅР°Ременование бланка.
4. RћSЃРЅРѕРІРЅРѕР№ S‚екст. R'начале RєРѕРЅСЃС‚атируется S„акт SЃРјРµСЂС‚Рё, RїСЂРёРІРѕРґРёС‚СЃСЏ R ґР°С‚Р°. Прописывается SЃРѕСЃС‚ав имущества, оставшегося РѕС‚ SѓРјРµСЂС€РµРіРѕ. Обозначается непринятие наследства, РІРЅРѕСЃСЏС‚ РґР°РЅРЅС ‹Рµ лица, РІ пользу которого RїРµСЂРµС… RѕРґРёС‚ собственность.
5. R›РёС‡РЅР°СЏ РїРѕРґРїРёСЃСЊ R·Р°СЏРІРёС‚еля дата составления.

RЎРѕРіР»Р°СЃРЅРѕ R“ражданского RєРѕРґРµРєСЃР° R RѕСЃСЃРёР№СЃРєРѕР№ ФедерациРё, РІРѕРїСЂРѕСЃС‹ принятия наследства Рё отказ РѕС ‚R ° Сѓr» едS ° C ° ° - С ќ ° ґ rґrµr »R et ± r ѕsђr °, p ° rѕpairs ± rѕrir ° ° P · p ° РРѕР ° °. Между тем гражданин, РІ пользу RєРѕС‚РѕСЂРѕРіРѕ было написаРхР * заявление, также вправе отказаться РѕС‚ принятия доли.

Р' каких случаях невозможно оформить непринятие

Хотя ГК Р Р¤ предусматривает РІРѕР·РјРѕR¶РЅРѕСЃС‚СЊ отказатьS ЃСЏ РѕС‚ доли РІ наследстве РІ РѕР ±С‰РёС… случаях, РІ СЂСЏРґРµ RѕР±СЃС‚оятельств SЌС‚Рѕ SЃРґРµР»Р°С‚СЊ РЅРµ РїР ѕР»СѓС‡РёС‚СЃСЏ. RџРµСЂРµС‡РёСЃР»РёРј несколько RїСЂРёРјРµСЂРѕРІ.

1. Наследодатель предполагал, что наследник RјРѕР¶РµС‚ отказаться РѕС‚ SЃРІРѕРµР№ РґРѕР »Ryo Ryo SЃРѕСЃС‚авил завещание, РІ котором RѕРїСЂРµРґРµР»РёР» РґСЂСѓРіРѕРіРѕ R іСЂР°Р¶РґР°РЅРёРЅР° РЅР° место РѕС‚РєР°Р·Р°РІС €РµРіРѕСЃСЏ.
2. Наследуется обязательная доля.
3. Нельзя написать отказ РІ пользу лица, лввенного Р·Р°РІРµС‰Р°С ‚елем РїСЂР °РІР° наследования.
4. Нельзя написать заявление об отказе от наследства в п ользу лица .

Как уже упоминалось, невозможно отказаться РѕС‚ С‡Р°СЃС ‚Рё доли РІ наследстве. RћРґРЅР°РєРѕ РёР· этого праввла существует псключение.

РЅРЅРѕРіРґР° наследование РїСЂРѕРѕСЃС…РѕРґРёС‚ RѕРґРЅРѕРІІСЂРµРјРµРЅРЅРѕ РїРѕ СЂР °Р·РЅС‹Рј основаниям (например, Рє Рє гражданину RїРµСЂРµС…РѕРґРёС‚ РёР јСѓС‰РµСЃС‚РІРѕ РїРѕ закону РїРїРѕ завещанию).

R' S‚аком SЃР»СѓС‡Р°Рµ RїРѕ R“Рљ R Р¤ RѕРЅ RІРїСЂР°РІРµ RІС‹Р±РёСЂР°С‚СЊ, RїРѕ RєР°РєРѕРјСѓ RѕS ЃРЅРѕРІР°РЅРёСЋ РѕРЅ будет РїСЂРёРЅРёРјР°С ‚СЊ наследство, Р° РїРѕ какому RѕS‚кажется.

Продолжая РїСЂРемер, гражданнн принимает кварткру RїРѕ Р·Р °РІРµС‰Р°РЅРёСЋ Рё отказывается РѕС ‚ банковских вкладов, переходящих Рє нему RїРѕ закону.

Заполняя форму заявленвЏ, наследник РЅРµ RѕР±СЏР·Р°РЅ СЃРѕРѕР±С‰Р°С ‚СЊ, РїРѕ каким SЃРѕРѕР±СЂР°Р ¶РµРЅРёСЏРј РѕРЅ оформляет отказ РѕС‚ наследства РІ пользу РґС ЂСѓРіРёС… лиц.

Стоит заметить, что забрать документ обратно Рё СЃРЅР ѕРІР° принять имущество невозможно.

Поэтому перед тем как оформить отказ РѕС‚ наследст РІР°, следует S…орошенько проанализировать РІСЃРµ преимущества Рё недостатки этого решения.

RќРµСЃРєРѕР»СЊРєРѕ S‚онкостей, RєРѕС‚орые нужно R·РЅР°С‚СЊ

R”R”СЏ RјРЅРѕРіРёС… наследников интересен RІРѕРїСЂРѕСЃ: Ссколько SЃS ‚РѕРёС‚ отказ РѕС‚ наследства Сѓ нотариуса? Единых расценоє РЅР° нотариальное R·Р°РІРµСЂРµРЅРёРµ РЅРµ установлено, РѕРЅРё РјРѕРіСѓС‚ SЂР°Р·РЅРёС‚СЊСЃСЏ РІ Р·Р °РІРІРёСЃРёРјРѕСЃС‚Рё РѕС‚ области. РќР° цену оформления РЅРµ влияет стоимость имуществР°. Р' целом, нотариус возьмет около 1000 рублей.

Если наследнРеРєРѕРј, который планирует отречься РѕС‚ РёР јСѓС‰РµСЃС‚РІР°, SЏРІР»СЏРµС‚СЃСЏ недееспособное лицо (либо частично дееспособное), перед тем RєР°Рє оформм ‚СЊ бумагу, потребуется RїРѕР»СѓС‡РёС ‚СЊ разрешение органов опеки пппечительства. RћРЅРё СЃРјРѕРіСѓС‚ RїРѕРґС‚вердить, что такое действврµ РЅРµ СѓС‰ емляет права заявителя.

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Отличается РїРѕСЂСЏРґРѕРє, как написать отказ, РІ случае СЃ РЅР °СЃР»РµРґРѕРІР°РЅРёРµРј РїРѕ Р·Р °РІРµС‰Р°РЅРёСЋ.

RўР°РєРѕР№ гражданнможет RїРѕРґРїРѕЃР°С‚СЊ RµРіРѕ S‚олько РІ пользS ѓ лица, определенного наследодат елем.

Р'Рѕ всех остальных случаях заявление будет считатьс СЏ неправомерным.

ЕслгражданРеРЅ получил право РЅР° имущество РІ результа S‚Рµ отказа РґСЂСѓРіРѕРіРѕ РЅР °СЃР»РµРґРЅРёРєР°, РїРѕ ГК Р Р¤ РѕРЅ также РЅРµ обязан его принимать. Даже РІ такой ситуации это делается S‚олько РІ РґРѕР±СЂРѕРІРѕР »СЊРЅРѕРј РїРѕСЂСЏРґРєРµ.

Законом предусмотрена возможность отказаться РѕС ‚ наследства.

Чтобы документ был РїСЂРёРЅСЏС‚, РѕРЅ должен соответств овать определенным требованиям. R”R°R”ее RјРѕR¶РЅРѕ SЃРєР°С‡Р°С‚СЊ R·Р°СЏРІР»РµРЅРёСЏ RѕР± RѕS‚казе RѕS‚ наследстРІР° образец.

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• Скачать образец заявления безусловного отказа РѕС‚ РЅР° следства
• Скачать образец заявления РѕР± отказе РѕС‚ наследства РІ Р їРѕР»СЊР·Сѓ РґСЂСѓРіРѕРіРѕ

Application for renunciation of inheritance in favor of another heir

There are many reasons why legal heirs do not want to receive their due share. The legislation provides for the specifics of documenting the procedure for refusal of inheritance.

Depending on the specific motives that prompted such a decision, you may need a sample application for renunciation of inheritance in favor of another heir or another form of document. We will consider the correctness of actions in detail.

The right to refuse inheritance is provided by the State.

Ways to refuse inheritance

Heirs do not always have the desire to exercise the right to receive the property they are entitled to. There are quite a few reasons: the costs of registration will exceed the amount of the inheritance, obligatory payments, the presence of debts of the deceased, reluctance to bother with registration, personal considerations. The reason for making a decision is related feelings.

Weigh the consequences of the decision:

• After this, you cannot claim a share of the property;
• It is not possible to make changes to the document.

Acceptance of inheritance is recognized as valid for all due property. It is impossible to choose a part, it is impossible to disown the rest, the document will not be valid. In some cases, the inheritance consists of a part under the will and a mandatory share.

There is a significant difference between inaction and refusal. In case of refusal, you have the opportunity to choose to whom to transfer the right to the property. Refusal of inheritance can be issued in favor of another heir or without indicating who specifically to transfer the rights to.

There are several methods to submit paper:

• Hand over to the notary in person;
• Send a notarized copy by letter with notification. A power of attorney is not required;
• Through a representative, after issuing a power of attorney to represent interests in this matter.

The paper must be handed over to the notary office that deals with registration of inheritance. There is a legally accepted form. Get ready to provide a list of documents, birth certificate, papers confirming your rights to property. The applicant himself has the right to formalize the acceptance of the inheritance and refusal.

It is impossible to formalize the right of refusal after submitting an application to join a share.

It will not be possible to apply for the allocation of a share after registration of a voluntary refusal.

Transfer of rights is possible with or without specifying the person to whom you wish to transfer the share. The person is not specified - the share will go to the “reserve” applicant or will be divided according to the law.

There are deadlines established by law for accepting or refusing a share of the inheritance. The period is six months. The document must be submitted to a notary.

Documentary expression of will is necessary if actual acceptance has occurred. The court may recognize the acceptance, along with all debts, of the obligatory payments of the deceased.

The missed deadline is restored through the court. An application must be submitted. This can be done if one of the following conditions is met:

• The property was actually accepted;
• Valid reasons for absence.

The notary's office does not extend the term. The case is considered by the court, the request can be granted if there is a good reason.

Application for renunciation of inheritance in favor of another heir: sample

The transfer of rights to a share in favor of another heir has a fundamental difference. Allows you to specify a specific person, regardless of the order of priority. The document was not completed within the time limit established by law; it will have to be completed in court. The sample waiver application will have a number of features.

The right to receive property can be transferred to a strictly limited list of persons. Depends on the circumstances of the distribution.

1. There is a will - to one of the indicated applicants.
2. In the absence of a will - to the heirs in accordance with the established law.

The method allows you to avoid distribution on a general basis. Shares allocated by will and by law are considered separately.

To appeal to the court, you must have compelling reasons, documented. It is easier to have the refusal formalized in a timely manner by a notary by contacting a specialist in charge of registering the inheritance.

A refusal issued to a person’s instructions has a number of features:

• The obligatory share cannot be assigned;
• You can choose from the heirs specified in the will;
• Without the consent of the authorities, it is impossible to assign the share of a disabled, incompetent, or minor.

Most notary offices provide forms for preparing papers of this kind. It is advisable to know the correct preparation.

In the “header” of the application, information about the notary involved in registration and the address are entered. Provide the applicant's details.

• The title of the document is indicated in the central part.
• The main text must contain information on the inheritance, the personal data of the testator, the grounds for allocating a share of the inheritance, and to whom you are transferring the right to inheritance.
• At the bottom, certify the document with a signature and indicate the date of preparation.

The document is registered, the rights of inheritance are lost. It is impossible to challenge or change the decision. You need to weigh the pros and cons.

The reason for an individual’s refusal may be an agreement between applicants that is beneficial to both parties. There are cases when renunciation of a part or transfer is the only way to restore justice.

Legal practice has many unique cases that require experience, knowledge, and skills.

Application for refusal of share in inheritance

The form for refusal to inherit a share of an estate has registration requirements that must be followed. Samples of forms, contracts, claim form, refusal of inheritance, an example of which can be found in a notary office.

The document header is standard. Includes information about the applicant and the notary office conducting the case.

1. The title of the document is indicated in the center.
2. The text of the application indicates information about the deceased, date of death, grounds for receiving inheritance, refusal.
3. Confirm the document with a signature and date it.
4. You need to draw up the paper according to the form, an example of which can be found at the notary.

Application for waiver of obligatory share in inheritance

The concept of a mandatory share of inheritance is spelled out within the framework of the law. This part is aimed at supporting socially vulnerable citizens. It is possible to issue a refusal for such a part only without specifying a specific person. In most cases, such a refusal can only be carried out with the consent of the guardianship authorities.

The document header is presented in a standard form. Below is the title of the document.

The text of the letter indicates information about the testator, the date of his death, the address where he previously lived, the grounds for receiving the inheritance, and the desire to formalize the refusal.

The document is certified by a signature, the date must be indicated.

The following are considered obligatory persons:

• Disabled parents, spouse, children, wards;
• Children who have not reached the age of majority.

Disability may be due to age or disability. The size of the obligatory share is at least half of the property. Some cases may suggest complete transmission.

It will be much more difficult to complete such papers. There are many authorities to go through that will study the confusing facts, causes, and consequences. The state carefully protects the interests of socially vulnerable groups. Such an operation may require the assistance of a competent lawyer. The case may be decided by the court.

When filing a waiver, it is important to remember some features:

• You can only receive an inheritance, but it is impossible to refuse to pay state contributions;
• It is impossible to formalize only part of the allocated inheritance; the obligations of the deceased are transferred along with the property;
• Voluntary refusal is irreversible. It is impossible to challenge the decision.

Many situations may lead to the desire to issue a waiver of an inheritance. To approach the issue competently means to protect yourself from possible unpleasant consequences, to restore justice, and to take the side that needs it more.

Sample application for renunciation of inheritance by law

The right of inheritance is a right that is not obligatory for the heir. The heir himself decides whether to receive the inheritance or refuse it.

The reasons for refusing an inheritance can be a disadvantage after acceptance (when the testator's debts exceed the value of the inheritance) or any other personal reasons. The heir is not obliged to explain the reason for his refusal.

To register the refusal to accept the inheritance, the heir must appear before a notary and make a corresponding statement. As a rule, when opening an inheritance case, the notary sends relevant notices to all known heirs. Having received the notice, the heir is advised to make a decision and present it to the notary.

Of course, if the heir ignores the notice, no one will punish him for this, but by missing the deadline for accepting the inheritance, the heir may be deprived of this right and the court will not restore the deadline if the missed deadline is caused by ignoring the notary’s notices.

The failure of the heir to appear does not prevent the completion of the inheritance case if it is established that the heir has been properly notified.

Refusal to accept an inheritance may be made in favor of another heir or without one. A refusal can only be made in favor of an heir who is the same as the one who refuses. Substitution cannot be made; the law does not provide for such a procedure.

If the heir accepted the inheritance, but then changed his mind due to objective reasons, then in court he can refuse the inheritance and then he will lose the right to it. The heir can only refuse the entire share. Refusal of part of the share is not allowed.

Concept of refusal of inheritance

Refusal to inherit is the legal right of every potential heir. To exercise this right, the heir is recommended to appear at the notary office where the inheritance case is being conducted.

When visiting a notary, you will need to make a statement of refusal in writing. To do this, you need to have your passport with you. If the passport is foreign, then a notarized translation into Russian will be required.

It is impossible to refuse inheritance from a notary if an application for acceptance has already been accepted from the heir. In this case, the only way to refuse is through court.

It is also impossible to accept an inheritance if a refusal has already been expressed. The situation can be corrected only through a su and only by trying very hard to prove that the heir acted against his will or was forced, or was misled.

There are two additions to the refusal of inheritance. You can refuse an inheritance:

• In favor of another heir;
• Without specifying in whose favor the refusal is made.

A sample application for renunciation of inheritance is here.

If the refusal is made in favor of a specific heir or heirs, then they receive the share of the person refused in equal parts. If the refusal is not in anyone’s favor, then the remaining heirs will receive shares increased in proportion to those available at the expense of the share of the person who refused. Additional conditions for refusal must be stated in the application in writing.

The law has not established the exact form of the application for refusal of inheritance. But there are a number of requirements that must be met when drawing up an application.

Of course, to draw up such an application, you can contact lawyers who will quickly and correctly draw up the document. But you can do without them, simply by following the recommendations we have given.

• The first thing the heir needs to decide is in whose favor the refusal will be or whether it will be without this indication at all.
• If the heir renounces the share in favor of other heirs, then he must indicate their personal data in the text of his application.
• A sample application for renunciation of inheritance in favor of another heir is here.
• In its structure, such a statement should consist of several blocks:

• A cap;
• Title of the document;
• Main text;
• Date of;
• Personal signature.

In the header of the application you should indicate the name of the notary office where the application is being submitted, indicate the address and full name of the notary. You should also provide your personal information, address and telephone number.

The title of such a document should be short and to the point - “statement of refusal of inheritance.”

In the block of the main text of the application, you must indicate what exactly the heir is claiming. The desire to refuse inheritance must be directly expressed, and it must be indicated in favor of which heir the refusal is being made. If the refusal is not indicated in favor of whom, the share will be distributed among the remaining heirs.

An application for refusal of the inheritance procedure must be submitted only to the notary office and to the notary who is conducting the inheritance case. The place of conduct of the case is determined on a territorial basis according to the place of residence of the deceased or the location of the property.

In any case, if the idea arose to refuse the inheritance, then most likely the heir has already received a letter of notification from the notary and knows his address.

There are several ways to apply:

• On a personal visit (carrying your passport with you);
• Draw up an application, confirm it with your signature, send it by mail or courier service;
• Empower the representative by issuing him a notarized power of attorney to conduct inheritance affairs (in this case, you can only indicate the authority to refuse the inheritance).

It is important that the documents are notarized (both the signature on the application and the power of attorney). Otherwise, the refusal will not work.

The renunciation of the inheritance share must be formalized before the expiration of a six-month period from the date of opening of the inheritance. If the heir does not meet this deadline, his share may be distributed among the remaining heirs.

1. In fact, this does not in any way affect the rights and obligations of the renouncing heir, but in this situation he will not be able to express his will and refuse in anyone’s favor.
2. The question of the possibility of refusing only some part of the inheritance arises at almost every beginning of an inheritance case.
3. Often it is beneficial for people to receive one thing, but they do not want to accept the entire burden of the inheritance.

This is where a similar question arises. Also, the inheritance mass consists not only of property and wealth acquired by a person during his lifetime, but also his debts and other obligations.

It is impossible to accept property and refuse obligations and debts.

The inheritance is accepted in full or not at all. By accepting property, debts are also transferred. In equal proportions, relative to the share.

When registering a refusal, the notary explains in detail to each heir all the consequences of the refusal.

In case of refusal, the heir loses the right to inheritance completely, regardless of whether any more property is found or not. Also, if the heir accepts the inheritance, and it later turns out that the testator had some other property, then the heir will have the right to this property.

It is possible to refuse any part of the inheritance only in one case, if there are several grounds for inheritance.

If an heir is entitled to a thing under a will, and an inheritance has also been opened, the share of which he is entitled to by law, then he can either accept the property on both grounds, or he can choose one basis and refuse the second. He may refuse the entire inheritance, regardless of the grounds and their number.

This is the only case when the heir can choose what to inherit. But at the same time, it should be remembered that upon receipt of material wealth, the heir will receive an equal share of the debts and obligations of the testator.

In this situation, the eldest son has the right to the house in full and half to the car, but on a different basis.

If he refuses the inheritance under the will and wants a car, then he will receive only ½ of the rights to it, since the second half will be inherited by the youngest son. And the right to the house will pass to the youngest son, since he will remain the only heir.

Or if the eldest son accepts the inheritance by will, but refuses to inherit by law, then the younger son will receive the entire car.

At the same time, both of them will receive their father’s debts, equal to their shares in the inheritance.

In cases where the heir has several grounds for receiving an inheritance, the notary explains this to him. It also explains how to correctly refuse one or another reason and how this will turn out.

If the heir is entitled to a share under several wills, then he must indicate each will according to which he refuses the inheritance.

Separately, it is worth noting the rare but sometimes occurring situations when, after the opening of an inheritance, a potential heir dies without having time to accept the inheritance. In this case, his rights to the inheritance will pass to his immediate heirs. This will happen according to the general rules of inheritance. But in different inheritance cases.

The property that belonged to the deceased heir will be inherited through the conduct of a separate business. And in the previous inheritance case there will simply be a natural replacement of the heir.

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.

CONTENT

Persons in whose favor you can refuse an inheritance Facts established by law about the impossibility of refusing an inheritance Recognition of a refusal as invalid Rules for registering a refusal of an inheritance Filling out an application for non-acceptance of an inheritance Period of the procedure

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.

Application for refusal or acceptance of inheritance

At the Consulate General of the Republic of Poland, you can submit an application to renounce an inheritance, to accept an inheritance directly, or to accept an inheritance with the right of the heir to be liable for inheritance debts within the value of the inheritance. To do this, you need to agree on the date of the visit with the consul.

The consul will certify the heir's signature on the application for refusal or acceptance of the inheritance. However, to be effective, it must also be presented in the inheritance court (i.e., in the court at the place of last residence of the testator) within 6 months from the day on which the heir learned about his status.

To submit an application on behalf of a child, additional consent of the guardianship court is required.

According to the updated provisions of the Civil Code, if the heir does not submit an application within the prescribed period, this means that he accepts the inheritance with the right to liability for inheritance debts within the value of the inheritance, i.e.

with limitation of liability for debts to the amount of inherited assets. This decision is new compared to the one that has been adopted so far, according to which failure to write an application meant accepting the inheritance directly.

The new regulations apply to inheritances opened after October 17, 2015 (the date of death of the testator is decisive).

In this regard, the Consulate General of the Republic of Poland in St. Petersburg informs that in the field of inheritances opened after this date, the actions of consuls are limited to accepting applications for accepting inheritances directly or refusing them.

• Payment according to the Consular Fees Table.
• To coordinate a visit to the consulate, you must call 336 31 40.
• Examples of statements:

Filing a disclaimer of inheritance allows you to avoid being held responsible for inheritance debts and deprives you of rights to any assets left by the testator. The heir who refused the inheritance is excluded from the inheritance process as if he did not live to see the opening of the inheritance, and other heirs take his place.

1. When applying for acceptance of an inheritance directly, the heir bears full responsibility for the debts, as well as the right to claim assets to the extent due to the heir.
2. When submitting an application for acceptance of an inheritance with the right to liability for inherited debts within the value of the inheritance, the heir is liable for debts within the limits of the assets.
3. FAQ

I wrote a statement renouncing my mother's inheritance. Now the inheritance has passed to my children. How much time do I have to file a waiver of inheritance on behalf of my children? After all, I must obtain the consent of the guardianship court.

You have 6 months from the date of filing the application for refusal of inheritance.

However, according to the jurisprudence of the Polish High Court (judgment of May 28 and September 24, 2015, issued on issue III CSK 352/14, as well as CSK 686/14), as a result of the mere filing of an application for consent to renounce inheritance on behalf of a minor this period is interrupted. Further, this period is counted again from the moment the decision of the guardianship court on expressing consent to renounce the inheritance on behalf of the minor comes into force.

I applied to renounce my father's inheritance. The inheritance passed to my son. I know that I need to submit something in Poland. Will it be possible to resolve the issue if I send an application for renunciation of inheritance on my behalf to the district court?

No. Probate courts (i.e. the court of the testator's last place of residence) are the courts in which you must file the appropriate application to renounce the inheritance. To submit an application on behalf of a child, you must obtain the consent of the guardianship court. These are two different categories of question. The first questions are usually handled by civil departments in district courts, the second - by family and minors.

I have two children and a brother and sister. My brother lives in Poland. Can I refuse the inheritance in favor of my brother to simplify the matter? He will solve all the issues in Poland.

There is no such possibility. There is simply no way to refuse inheritance in favor of a specific person (bypassing the requirements on the principles of inheritance). The consul will refuse to perform an action that is contrary to the law or the principles of public life.

Legal basis:

• Law of April 23, 1964 - Civil Code (Dzennik Charter, item 380, as amended later),
• Law of November 17, 1964 – Civil Procedural Code (Dzennik Charter of 2016, item 1822, as amended),
• Law of February 25, 1964 – Family and Guardianship Code (Dzennik Statute of 2015, item 2082, as amended),
• Law of June 25, 2015 – Consular Law (Dzennik Charter of 2915, item 1274, as amended later).