Can a minor refuse an inheritance?

Refusal of inheritance is always a unilateral transaction in which a person renounces his part of the inherited property, which ultimately goes to other persons. Refusal is an unconditional, complete, unconditional action. An adult heir has the right to exercise it, and under certain circumstances, the refusal of a minor’s inheritance is carried out by his representatives according to the law.

Can a minor heir refuse?

Inheritance rights are regulated by Article 1157 of the Civil Code of the Russian Federation . Russian laws reliably protect minor citizens from the loss of property that is rightfully due to them.

A child, due to his young age, cannot independently decide whether to enter into an inheritance or refuse it. The law does not prohibit refusal; for this, government agencies and the legal representative of the minor must comply with certain conditions that are specified in it.

Deterioration of a child's property status is unacceptable.

Until the day of the testator’s death, the concept of his inheritance does not exist - it is impossible to receive the property of a relative who is still alive, as well as to refuse it.

Procedure for registration of refusal

Inheritance often represents not only a house, car, apartment, land, furniture, household appliances, but also many obligations, extremely unfavorable agreements, and various debts.

The child will not be able to “put things in order” or sort out such matters, therefore here the refusal of the minor to inherit is legal. Often the child lives too far from the place where the inherited property is located - the inappropriateness of such inheritance is determined by the guardianship authorities.

Sometimes refusal to inherit property is carried out with the expectation that the person in whose favor this action is being performed will compensate for the cost of the property share. Funds are transferred exclusively to the child’s account - it is illegal for a parent or guardian to receive them.

Does the age of a minor citizen matter? The opinion of a child who has reached adolescence (over ten years old) is taken into account, but is not the main thing. The final word belongs to his legal representative - the parent, guardian, adoptive parent, who is obliged to coordinate actions with the guardianship and trusteeship authorities.

It is impossible to refuse only part of the inheritance - you will have to register everything in full or refuse everything.

Contacting the guardianship and trusteeship authorities

The guardianship and trusteeship authority is obliged to study all the conditions and circumstances and find out whether there is a violation of the rights of the child in the refusal to inherit. In order for the guardianship to issue permission, it must be convinced that inheritance is not at all in the interests of the child.

To do this, they bring to this body not only documents for an apartment, car, land, but also papers containing information about unprofitable obligations - promissory notes of the testator, mortgage documents, loan agreements, etc.

Refusal of inheritance is often beneficial, first of all, to the representative of a minor heir - until the child turns 18, all debts will be paid by the parent or person replacing him.

The guardianship reviews the provided documents for about a week, after which it gives an answer, depending on which the child’s legal representative takes certain actions:

• a decision was made to allow the minor to refuse the inheritance. In this case, you should go to a notary, who will formalize the procedure for renouncing the inheritance;
• if refusal is prohibited, the inheritance will have to be accepted on behalf of the child.

It should be borne in mind that registration of both acceptance and refusal is possible within six months. Extension of this period is possible only by court decision.

Contacting a notary

A notary will tell you how to correctly formalize a minor’s refusal of a particular inheritance. It is he who needs to present an application, a positive decision from the guardianship authorities, documents about the inheritance mass, information about the heir.

It is not necessary to explain the motives. If it was not possible to refuse the inheritance, you will also have to contact a notary’s office to register the inheritance on behalf of the minor.

Here you also need to collect a package of documents, one of which is proof that the child has the right to inheritance, for example, by right of kinship.

When property had to be accepted, this usually does not cause much damage - the recipient of the inheritance pays the debts of the testator only in the amount of the share he received. If there are more debts, the rest is distributed among all recipients of the inheritance.

Application and documents

To formalize the refusal of inheritance, a number of basic documents are provided to the guardianship and trusteeship organization:

• passport of the person representing the minor (usually the mother or father);
• the child’s passport, if he already has one;
• an application from a legal representative (parent, adoptive parent, guardian, trustee) with permission to refuse inheritance;
• consent to refuse inheritance in the form of a statement - for minors who are ten years old;
• a copy of the death certificate of the person who left the inheritance;
• a copy of a certificate issued by the Department of Internal Affairs stating where the testator lived at the time of death;
• copies of inheritance documents;
• copies of documentation that confirms the existence of rights to inheritance - by will or by kinship.

If there is no property as such, but there are debts, it is not beneficial for the child to inherit them - the guardianship here will make a decision that allows you to refuse the inheritance.

Is it possible to withdraw a refusal application?

In accordance with the Civil Code of the Russian Federation, it is almost impossible for an adult citizen who has refused inheritance to cancel the refusal. Changing the conditions of refusal is also unacceptable.

If a minor refused the inheritance, but approval of such an action was not received from the guardianship or trusteeship authority, or there was no consent of the child’s representative, then the refusal is considered unlawful. It is possible to increase the time limit for refusal of inheritance, but this requires proving that there are serious reasons for this.

You can withdraw your refusal application within 14 days from the date of submission. It is impossible to cancel the document later, but in order to declare it invalid, they contact a notary, who sends the applicant to the local court.

The statement states:

• grounds for revocation of the refusal paper;
• circumstances of submission of the refusal paper;
• the value of the inheritance in question;
• a request to the court to withdraw the refusal;
• date of filing the claim.

The defendants in the claim documents here are those persons in whose favor the inherited share was renounced. In some cases, it is necessary to prove that the refusal is valid.

Achieving cancellation of an application in practice is quite difficult, so the help of an experienced lawyer will be useful.

The child himself cannot refuse the inheritance - it is believed that until he is 18 years old, the minor is unable to assess the benefits or harm of such a decision. His representative cannot independently issue a refusal - only with the permission of the guardianship authority, which is called upon to respect the rights of children.

When a refusal is made in violation of current legislation, it is contested by appealing to the judicial authorities, providing the necessary evidence.

Can a minor refuse an inheritance?

Often, heirs do not want to accept the property of the deceased. In this case, they have the right to refuse inheritance. Is it possible for a minor to refuse inheritance in 2023? What is the cancellation procedure?

Why do heirs refuse inheritance?

The estate of the deceased, passed on to his successors, includes the following:

• Property. This can be movable and immovable property, for example, an apartment, a car, cash, etc.
• Property rights, for example, the right to remuneration from the works of the testator-author.
• Property obligations, for example, the obligation to pay the deceased’s loan.

Property is most often accepted by the heirs. Usually, successors refuse it only if it carries little or no value. Property rights are also more often accepted by heirs, but property responsibilities often become a burden for citizens that they do not want to shoulder.

In most cases, a loan obligation acts as an inheritable obligation.

If the amount of the testator's debt is too large, then it is unlikely that anyone will want to repay it, despite the fact that the debt is paid only within the value of the share received.

Also, the reason for refusal may simply be the desire of the successor to transfer his share to another person. In this case, he indicates in the application to whom exactly his part of the inheritance should go. Then it will be transferred to the specified citizen in full.

Does a child have the right to refuse an inheritance?

Russian legislation provides all heirs with the right to refuse to accept an inheritance. There are no exceptions. Therefore, a child who has not reached the age of majority can refuse the property, property rights and obligations due to him.

However, the law specifies that children themselves do not have the right to come to a notary’s office and draw up a written refusal , as adult successors can do. There are two features of refusing the inheritance of a minor heir:

• His legal representatives act on behalf of the child. They are the ones who perform all the actions necessary for this procedure.
• If the child is 10 years old, his opinion is taken into account. Therefore, he is required to write a consent to refuse inheritance.
• It is impossible to abandon the property of the testator without the approval of the guardianship and trusteeship authority. Before contacting a notary, you will need to enlist the support of this institution, which protects and protects the interests of children under 18 years of age.

It is worth understanding that after refusing an inheritance, it will no longer be possible to regain your right to it. That is why the heir is given a period of 2 weeks to accurately make a decision and, if necessary, have time to change it.

A minor has the right to refuse an inheritance share, regardless of the basis on which inheritance is carried out - by law or by will.

Refusal procedure

The procedure for renouncing an inheritance share to a child is slightly different from the procedure established for adult citizens.

Obtaining consent from the guardianship authority

When contacting the guardianship authority, you will need to have the following documents with you:

• Application requesting consent to relinquish the property of the deceased. Compiled by a legal representative, that is, a parent or guardian.
• Written consent of the child to refuse, if he is 10 years old.
• Passport of the legal representative.
• Passport of the heir, if he is already 14 years old.
• Certificate confirming the birth of the child.
• Certificate establishing the death of the testator.
• A certificate indicating the last address of residence of the deceased.
• A document certifying relationship with the deceased.
• A will, if one has been drawn up.
• Papers on the property of the deceased.

The guardianship and trusteeship authority, having accepted the documentation, analyzes the situation, the living conditions of the child, and determines whether the refusal of inheritance contradicts the rights and interests of the minor. Based on this, the government agency makes a decision. This takes about 7 days.

Permission from the guardianship authority is issued free of charge.

Visit to a notary's office

If the guardianship authority has given permission to refuse the inheritance of a minor child, the parents must contact a notary. This must be done within 6 months from the date of death of the testator.

The notary is required to present an application. It should contain the following information:

• The name of the notary office, its address.
• Personal information of the parent and child.
• The last residential address of the deceased.
• Date of death of the testator.
• Grounds for acceptance of inheritance.
• Relinquishment of the property of the deceased.
• Date of application and parent's signature.

If the refusal is made in favor of another person, you will need to indicate in the application to whom the share in the inheritance should be transferred.

Along with the application, the notary will need to present the following documents:

1. Parent's passport.
2. Passport of the heir, if he is 14 years old.
3. A certificate confirming the birth of a child.
4. A certificate establishing the death of the testator.
5. Certificate about the last place of residence of the deceased.
6. A decision of the guardianship authority authorizing the refusal of inheritance.

You will have to pay for refusal. Prices may vary depending on the notary office. The service costs about 500 rubles.

Is partial failure possible?

Refusal of the property of the deceased is possible only in full. Partial refusal is impossible. For example, the heir does not have the right to write a waiver of the testator’s debts and accept the apartment. You'll have to give up everything at once. This rule applies to all successors, minors are no exception.

Thus, a child under 18 years of age has the right to refuse the inheritance due to him. But the refusal procedure has a number of important nuances that you need to know about.

Refusal of inheritance of a minor heir

The property of a deceased person is inherited by persons who have the appropriate right to do so. Usually they are the closest relatives of the deceased. The entry into rights takes place in a declarative form. At the same time, the inheriting party often asks the question: can I reject the inheritance?

General legal provisions

A capable and adult citizen who wishes to renounce potential property must only fill out a special application followed by notarization. With minors the situation is more complicated. The answer to the question “can a minor reject property due to him by law” can be both positive and negative.

It is assumed that a person under 18 years of age is not able to approach the issue of disposing of the right of inheritance with due responsibility. Therefore, trustees are involved in the procedure for entering into the right in question (giving it up). At the same time, asking the opinion of the child himself (if he has reached the age of a teenager will not be superfluous.

Remember: six months are allotted to formalize the refusal or accept the inherited property. You cannot miss this deadline.

What is considered an inheritance?

At the same time, the concept of tangible property extends to movable and immovable property:

• bank deposits;
• card cash savings;
• securities, shares;
• units of motor transport;
• apartments (private houses), land plots
• furniture (office equipment, household appliances).

Intellectual rights to works of art (including fine art) of a specific author are recognized as intangible property. This category includes rights to video and audio materials, objects of literary creativity.

When does capacity begin?

When a minor citizen turns 14 years old, he becomes partially legally competent. This fact is confirmed by presenting him with the main identification document - a passport.

The fact of acquiring full legal capacity is recorded upon the citizen’s 18th birthday. But certain events may serve as the basis for recognizing a person as fully capable at an earlier age.

Thus, this status is assigned to minors who have officially registered a marriage or got a job that allows them to ensure their existence and material well-being.

Reasons for refusing inheritance

In addition to material benefits, an inheritance can represent some obligations, debts, and unfavorable agreements. And if an adult can somehow figure out all this, then for a child it will be an impossible task. In such a situation, you have to refuse to accept the inheritance.

The law protects the material interests of minor heirs, who may unwittingly lose the property due to them. But sometimes situations arise when the receipt of certain components (for example, debts) is undesirable. Therefore, a minor is free to refuse the inheritance, as well as accept it.

How to refuse to accept property

A minor citizen has a six-month period to voice his intention (the time for announcing the refusal of inherited property is counted from the day of its opening). He must submit a written statement to the notary. The procedure for children to renounce inheritance is a one-sided transaction.

The essence of this case is that the notary carries out actions expressing the heir’s unwillingness to accept the property of the deceased person.

A minor child is not required to specify the reason for the refusal. After the period for entering into inheritance has passed, the absence of an application for refusal will be regarded as non-acceptance of the inheritance.

Attention! If inheritance of escheated property is provided for, it is prohibited to formalize a waiver of it (Civil Code, Art. 1157).

Required documents

The guardianship authority is required to provide the following documents:

• a statement from a legal representative giving the go-ahead to renounce the property due to the heir;
• a statement from a minor (over 10 years of age) confirming his/her wish;
• passports of the legal representative and the minor (if available);
• documentary evidence of the death of the testator (copy);
• a copy of a certificate registering the last address of residence of the deceased;
• copies of papers recording the right of inheritance - by kinship or will;
• copies of papers on inherited property.

The representative of the guardianship authority must be convinced that accepting the inheritance really goes against the interests of the minor. Therefore, you will need to provide documents on the inheritance of both property (cars, apartments) and obligations (bank agreements of the testator, his promissory notes). Then nothing will complicate the procedure for obtaining permission.

Making a decision and subsequent action plan

Within a week, the guardianship authority carefully reviews the submitted documents. The choice of further action strategy depends on what the final decision will be.

If the answer is yes (refusal is permitted), then the legal representative can visit the notary to formalize the procedure legally.

If the verdict is negative, the unprofitable inheritance will have to be accepted on behalf of the minor.

The acceptance procedure is standard: contact a notary, write an application, collect a package of papers, including those that will confirm that the child (teenager) has the right to receive an inheritance.

In the absence of evidence, you will have to go to court to establish the relationship between the child and the testator.

Paying debts

Since a minor can renounce inheritance rights only with the permission of the party guarding him, the question arises of paying the possible debts of the deceased. Trustees should be aware that the amount legally owed does not exceed the share received.

That is, the recipient of the inheritance will not suffer damage. For example, having received a car worth 350 thousand rubles. with a debt of 700 thousand, the receiver will pay only 350 thousand.

The missing money will be distributed among other applicants who will not renounce the inheritance.

Important nuances

1. Refusal can be targeted (in favor of someone) or unaddressed.
2. The minor’s refusal of the inheritance must be unconditional and complete (see: Art. No. 1158).
3. You cannot give up only part of the property.
4. If a minor is called upon to inherit for several reasons, then he can refuse for one of them.
5. If there is only one reason, the one who refuses indicates a successor. This is a must.

The refusal is considered invalid if:

• the deal was signed by the minor himself;
• there was deception/violence/threats;
• the child was misled about the inheritance.

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Refusal of an inheritance by a minor heir: when can a child become an heir and how can he refuse it?

Increasingly, in practice, a situation occurs when minor children receive an inheritance. The question arises: can a child refuse it? Despite the fact that, due to his age, he does not fully use the property he receives, it is he who decides what to do with it.

The inheritance may be real estate, material assets or other benefits, but there may also be debts and unprofitable obligations. Here people find it advantageous to renounce the will.

Minor citizen

A minor is a person who has not reached 18 years of age and has not received civil and political rights, and does not bear full responsibility for his actions. He is under state guardianship and protection of legal representatives.

It is the latter who decide whether to renounce the inheritance.

Of course, it is worth consulting with the child, asking his opinion on this issue if he has already reached a conscious age.

There are two exceptions under which a minor can receive all possible rights earlier. This is marriage and emancipation. He can also fully become an heir by engaging in entrepreneurial activities.

In addition, the issue of legal capacity is also important. Until the age of 18, it is incomplete, so many legal issues are left to the parents.

It is important to distinguish between age and rights in inheritance:

1. Minors (under 14 years of age) – receipt of property is fully formalized by legal representatives.
2. Minors (from 14 to 18) - the heir himself draws up the inheritance, but with the consent of the legal representatives in writing.
3. Emancipated (from 16 to 18) - exceptional cases in which children bear full responsibility for various legal actions.

Minor heir

The testator has the right to make a will for any person or organization. A child who has not reached the age of majority can also be recorded in the document.

If he is the closest direct relative, then by law he becomes an heir and has the right to first receive property or material benefits.

If he is a relative of the second degree or lower, he can inherit the property in the presented order.

It is important for the will maker to understand that all responsibility for accepting the inheritance will fall on the child’s legal representatives. It is they who will manage the property until the heir reaches the age of majority, if they complete the necessary papers on time. This must be done within six months after the person’s death. The deadline for refusal is the same.

Can a minor child refuse an inheritance? Yes, but there are some nuances here. Let's take a closer look at them.

Refusal of inheritance by a minor

A minor can renounce the inheritance, but he will need the help of his parents or guardians. Before applying to special institutions, they should prepare a child’s birth certificate and papers confirming their relationship with the children. So, how to refuse an inheritance to a minor child?

In order to draw up a waiver, two types of contracts are used: simple and directed. In case of simple inheritance, the inheritance is sent to those who are on the next list. When directed - to people to whom it is specifically provided. This could be any of the legal or testamentary heirs, plus the child's parents.

Important! The obligatory share cannot be waived.

To refuse an inheritance, you need to contact the guardianship and trusteeship authorities. Employees will review the submitted papers, study the life situation, and draw a conclusion whether refusal will harm the child. They will issue a decision in seven days.

Papers required at this stage:

• an application from the legal representative who allows you to refuse the inheritance;
• an application from a minor child (10 years of age or older) confirming consent to renounce inherited property or various obligations;
• child’s passport (if any);
• a copy of the death certificate of the testator;
• a copy of a certificate of the testator’s last place of residence;
• copies of papers that confirm the right to inheritance (kinship or will);
• copies of papers on inherited property or obligations (for example, receipts for debts or loans).

If you are allowed to issue a refusal, contact a notary and carry out the necessary procedure.

Important! Do not forget that the refusal is issued within six months after the death of the testator. If the child belongs to the second or subsequent degrees of kinship, then, for example, after the refusal of the first persons, he has an additional six months.

Contacting a notary

You must bring documented consent to refuse, your passport and the child’s documents. The application for refusal of inheritance is written there. It includes:

1. Information about the place of application.
2. The last place of residence of the testator.
3. The date of his death.
4. Information about the reasons for receiving an inheritance.
5. Text of the refusal indicating the reasons.
6. Date and signature of the representative.

The notary service is paid, but the amount is small. It includes checking the correctness of the application (100 rubles) and the specialist’s work itself (no more than 500 rubles).

The refusal can be returned within a two-week period. This can also be done by a legal representative.

Conclusion

It is possible for minor children to refuse an inheritance, but this is a rather difficult process that has a number of subtleties. Both the deadlines for submitting applications and the packages of documents that need to be submitted to special authorities are important here. This will be handled by the child's legal representative. However, if there are difficulties, we advise you to seek help from specialists.

Can a minor heir refuse an inheritance?

Minor children, like adults, can act as heirs - by law or by will. Even if the child is not mentioned by the testator, he will definitely receive a share in the inheritance.

Sometimes it is unprofitable to accept property, in which case the assignee may refuse the property. With a capable, adult heir, everything is simple - he should fill out a “renunciation” application and have it certified by a notary. How can a minor refuse inherited property? And what documents are needed for this? You will find answers to all these questions in our article.

Minor heir

Children are the primary legal heirs to their parents' property. And it doesn’t matter at all...

• the marriage union of the father and mother is registered, or the child was born out of wedlock;
• the child lives with the testator parent or separately;
• has reached the age of eighteen or is a minor;
• whether the child is related by blood or adopted;
• whether the testator is deprived of parental rights.

The main condition for receiving an inheritance is a confirmed relationship with the testator.

A child who has not reached the age of majority is legally incompetent. Full legal capacity occurs after the age of eighteen, but in some cases it may occur earlier - from the age of sixteen (for example, after registering a marriage, employment).

The state protects children from rash actions and loss of property that legally belongs to them.

But this does not mean at all that they cannot accept property or refuse it. This is possible if the conditions specified by law are met.

Refusal of inheritance

Some people think that giving up property is an unreasonable and short-sighted act. However, in legal practice the percentage of failed heirs-refuseniks is high. And there are many legal successors among them who have not reached the age of majority. What does this have to do with?

Very often, the inheritance includes not only material objects (real estate, a car, land, household appliances), which are likely to be useful to the heir, but also unprofitable debt obligations. An adult will deal with such an inheritance. But placing responsibility on a child is unacceptable. It is in such situations that they refuse to accept property.

Are they interested in the opinion of an heir who has not yet turned eighteen? Most likely, no one will discuss issues related to inheritance with a minor. But if the child is already ten years old, it’s worth asking his opinion.

At the same time, to formalize non-acceptance, the consent (or refusal) of the minor is not enough. The legislator gives legal representatives the right to make important decisions on behalf of the child - until he turns eighteen years old or gains legal capacity.

It is important! The child will not be able to renounce the inheritance property on his own. The representative does this for him. Children aged 14-18 years can personally submit a “waiver” application to a notary - with the written consent of their parents.

By the way, refusal of inheritance can be considered invalid. We described how to do this in our article.

But even if a parent or guardian has firmly decided to refuse the inheritance that is due to a minor (without his consent or having obtained consent), first of all it is necessary to obtain permission from the E&P authorities.

Child protection

In inheritance law, the actions of parents and other representatives on behalf of a minor are limited - abandonment of property is possible only with the written permission of representatives of the guardianship council.

Representatives of the state organization will review the documents, study the inheritance order and living conditions of the minor, and determine whether the refusal violates the interests of the child. Only after this will a decision be made - to allow the refusal to be issued or to prohibit it.

Documents required to obtain permission from the OOiP

So, the parent, acting in the interests of the child-heir, decided to refuse his share of the inheritance. To do this, as we have already said, you need to contact the OOiP for permission and submit the following documents:

• application for permission to refuse (signed by the parent or representative of the child);
• statement of consent to refusal (signed by the child-legal successor - if he has reached the age of ten);
• applicant's passport;
• passport of the heir-refusenik (if the child received a passport);
• a photocopy of the death certificate of the testator;
• a photocopy of a certificate of the testator’s place of residence;
• documents on the basis of which the child enters into inheritance rights: a birth certificate (if the child is a legal successor) or a will (if the child is indicated as an heir by the testator himself);
• documents on ownership of inherited objects.

Note! Representatives of the OOiP must make sure that, if the inheritance is accepted, the interests of the child will be violated or he will be in a disadvantageous situation.

Therefore, in addition to documents on inherited property, you should submit documents on existing encumbrances confirming hereditary obligations (for example, mortgage or loan agreements, a receipt for receipt of money by the testator, etc.). Then, with a high probability, permission to refuse will be obtained.

Refusal of inheritance of a minor

Hello, in this article we will try to answer the question “Refusal of the inheritance of a minor.” You can also consult with lawyers online for free directly on the website.

In whose favor can it be refused? Article 1158 of the Civil Code of the Russian Federation states that a minor, through his representatives, can formalize a simple or directed refusal of inheritance. In the first case, the property is transferred to the next persons in line.

This is not an easy procedure, which has its own difficulties and pitfalls, and before starting such a process, it is necessary to understand in detail all its nuances.

In general, this concept includes everything valuable that remains after the death of the testator. But this mass may also include debts, various types of debt obligations remaining after death.

Loans, loans with a receipt and much more, including fines, rent - all this also remains after the deceased and is included in the estate.
But not all together. You can simply not accept it. After 6 months it will be considered not accepted. And guardianship, of course, does not have any documents.

Can a guardian refuse an inheritance?

Under all circumstances, minor children of the testator have the right to an obligatory share in the inheritance, regardless of whether they study or work, and also in cases where they entered into a registered marriage before reaching adulthood; or emancipation took place in relation to them.

Documents that confirm that the child has the right to claim the inheritance. If it is distributed legally, it is required to establish the relationship of the minor with the deceased. A birth certificate is suitable for confirmation if the testator was the father of the child.

Failure to comply with these conditions makes the child’s refusal of the inherited property invalid. Inheritance by a child - grandson of the testator as a first-priority heir can be carried out only by right of representation.

Such a right arises if, at the time of discovery, the parent who would be the heir of the first stage is not alive.

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

This is due to the actual inability of a young child to independently solve important tasks related to the problems of accepting or refusing an inheritance. At the same time, he is allowed to enter into the right of inheritance or renunciation of property.

Mandatory share A minor does not have the right to refuse a mandatory share (Article 1158 of the Civil Code of the Russian Federation).

If the inheritance includes such property, the application will not be valid and the inheritance will still have to be entered into. If an heir is not named in the will, then the share of the refused heir is distributed proportionally among other heirs - the inheritance shares of other heirs are incremented - for more details, see.

Documents for entry In order to enter into an inheritance, it is necessary to provide a number of documents. There must be a death certificate of the testator, as well as an identity card of the applicant. It is necessary to prove the existence of a family relationship using documents - for example, using a birth certificate.

If you have documents for the property, you should include them, as well as a list of intended heirs and a will. The notary may request supporting documents regarding the property, which will need to be provided. Deadlines Inheritance matters are resolved within specially allotted deadlines, which are reasonable to comply with.

The countdown begins from the moment of death, or from the moment a person is declared dead through a court. The day of the expected death can be established, from which a report can also be kept. There are both generally accepted entry deadlines and deadlines that are relevant for individual situations, and each option should be considered separately.

Standard terms The standard entry period is 6 months. However, in certain cases this figure may change.

Is it possible to refuse an inheritance for a minor child?

A positive decision in the case will be made if the guardianship authority decides that the entry into the rights of the heir will violate the rights of the minor.

No need. It is enough not to take it for 6 months. To simplify the procedure for the mother-in-law, you can go to any notary and formalize the refusal, then sending it to the notary at the place of registration. Also within 6 months from the date of opening.

Waiver of property rights, in some cases, is the only option beneficial for the heir. This situation is possible if the testator has left a lot of debts.

Time frame for making a decision and cost of the procedure

There is an unconditional refusal, which does not contain an indication in whose favor it is carried out and directed, that is, a refusal in which there is an indication of one or more heirs in whose favor the heir refuses the inheritance. Refusal of inheritance is not related to the order of inheritance. What is refusal of inheritance, what are the consequences of refusal, can it be revoked? The solution to this problem is of particular importance in cases where the heir lives together with the testator and, by virtue of this fact, automatically enters into the inheritance. Thus, such an heir does not have the opportunity to refuse the inheritance at all.

With an unconditional heir, the heir simply refuses to assume the rights and obligations that are transferred to him either by law or by will. Usually they unconditionally refuse an inheritance if the deceased has huge debts and obligations, and also does not want to pay taxes. Directed refusal is the transfer of the right of inheritance to other persons who, by law, have the right to inherit.

The legal representatives of the interests of a minor are parents or appointed guardians; it is also possible to transfer the right to receive an inheritance to a third party by proxy.

The vast majority of children, less so guardians or legal representatives, have no idea about the peculiarities of civil law regarding inheritance rights and related responsibilities.

Another option is a situation where the right to accept a legal inheritance results in undesirable consequences.

Refusal of the inheritance of a minor is carried out according to certain conditions. Failure to comply with these conditions makes the child’s refusal of the inherited property invalid.

For a successor who has not reached the age of majority at the time of opening the inheritance, legislation, with the help of established norms, protects him from the involuntary loss of the property transferred to him.
The ex-husband left the child a dacha plot as an inheritance, we want to give it up simply on principle. I hope that we won't have any problems with this.

Refusal of an inheritance by a minor: conditions and registration

The law provides for the possibility of both, subject to certain conditions. The article discusses the topic of refusal of inheritance by a citizen incompetent due to age.

But he has a legal representative - a parent. I don’t think that your child, for example, would go to school on his own, or pay utility bills for himself.

You do all this for him.

Both are possible, subject to the conditions set by law. At first glance, it may seem unreasonable to refuse.

Speaking about minors in the context of inheritance, the first thing I want to remember is the mandatory share in the inheritance. In accordance with Article 1149 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), the heirs of the compulsory share are, in particular, the children of the testator and dependents, including minors.

After all, it is clear that due to age-related physical and mental characteristics, a minor child is not yet able to make such important decisions as joining or refusing.

But this does not mean that the child cannot accept the inheritance or refuse it.

Since a will is a one-sided transaction, and the rights of a child aged 14-18 years are limited in this area, their representative by law or contract accepts it on behalf of minors.

That is, the refusal cannot be fulfilled by the child himself. The procedure is carried out by its representatives. But their solution is not enough. The process is carried out under the control of the guardianship authority in order to prevent infringement of the rights of children. It is the representatives of this body who decide whether the refusal of inherited property in a particular case will be legal.

Can a minor refuse an inheritance?

The law prohibits leaving only rights to heirs; obligations are also distributed among them along with shares of the inherited property. Procedure and stages of entry after death Entry into inheritance is a procedure that takes place in several stages.

You cannot join immediately; there are certain deadlines within which registration takes place. In the absence of a will, rights are assumed by law. It is necessary to contact a notary at the place of registration of the deceased and come with the necessary package of documents. It is the notary who will conduct the inheritance case and open the inheritance.

He will receive information about the debts of the deceased, if any, and he will be able to find out about the presence or absence of a will and other heirs.
Important! The heir has a certain list of rights, including renunciation of the inheritance. However, this is only relevant for a legally capable person who has reached the age of 18.

Children can also renounce property rights, but this procedure has many nuances and limitations.
They are necessary in order to protect the interests of the minor. Permission and refusal must be done by guardianship, but they do not have any papers that the child has a share. Those. Should the child first enter into a share, for this it is necessary to open an inheritance case, and then give up this share?

An heir who has not yet reached the age of majority at the time of the opening of the inheritance is protected by law from the involuntary loss of property that rightfully belongs to him.

After all, it is clear that due to age-related physical and mental characteristics, a minor child is not yet able to make such important decisions as entering or refusing an inheritance.