Is it possible to challenge the refusal of an inheritance - judicial practice

Refusal of inheritance is a notarized document in which the heir renounces the property due to him by inheritance. The document is drawn up with the help of a notary and with the free will of a person.

The notary explains to the person who renounced his share of the inheritance about the consequences of his action. If the document is drawn up correctly, it will be impossible to challenge it.

Read the article about the grounds on which you can challenge the refusal of an inheritance, the rules for writing a statement of claim and the documents necessary for the court.

To refuse an inheritance, a citizen must have good reasons for doing so. In most cases, if a person refuses his share, it is quite difficult to challenge the process.

The heir can send his refusal to the notary:

• by personally contacting a notary office;
• by registered mail;
• through your authorized representative.

It is the lawyer’s responsibility to explain to the heir who renounces his share of the inheritance about the legal consequences of his action.

Paragraph 3 of Article 1157 of the Civil Code states that if the heir has renounced his share, then it will not be possible to challenge his refusal in court and it will not be possible to return it back.

If the refusal was drawn up legally correctly, then it will be impossible to challenge it. If a person has a desire to challenge his refusal of the inheritance due to him, then “changed his mind” is not an argument for the court.

But like every rule, there are pitfalls in the legal process.

Reasons for challenging the refusal of inheritance:

• the refusal was signed by an incapacitated citizen;
• the person’s signature was obtained through deception and blackmail;
• the refusal was drawn up without taking into account legal requirements and was declared invalid.

In what cases is a legally formalized refusal invalid?

1. At the time of signing the document, the person was not of sound mind.
2. The signature of the renunciant of the inheritance was obtained through direct threats to him and his family. To obtain an answer, physical and psychological violence was used against the heir.
3. The recipient of the refuser's share received it through blackmail and deception.
4. The refusal was signed by an incapacitated or partially capable person.

Important! All of the above reasons are grounds for invalidating the refusal and must be proven in court. Just in words, the judicial commission will not consider the case.

Procedure

To challenge the refusal of inheritance, the injured person applies to the district court at his place of residence. The citizen submits an application to the court and supports it with evidence on which his application is based.

How can a person document the grounds provided to the court for declaring a “renunciation” invalid:

• the citizen signed the documents unknowingly - a medical certificate is provided indicating that the heir is not feeling well;
• there was a fact of violence - witness testimony, photos and video materials confirming prohibited actions against the heir;
• the “waiver” was obtained by deception - correspondence, letters and other materials are provided.

The process of challenging it in court is complex, but if you have a base of evidence, winning the case will not be difficult. To open a case, a claim proceeding is appointed.

The case involves a plaintiff, a defendant and a notary. The trial is a blow to the reputation of the notary, since his duties included checking whether the citizen is legally competent and explaining to him the consequences of writing a “refusal document.”

Procedure when going to court:

Step 1. Collection of necessary documents, evidence and drawing up a statement of claim.

Step 2. Go to court. A preliminary hearing is scheduled at which testimony is heard, evidence presented is examined, and a decision is made.

Step 3. If the court satisfies the claim, the “disclaimer” is declared invalid and the inheritance remains with the applicant.

The amount of the state fee for filing a claim depends on the value of the property described in the claim. But it must be at least 400 rubles.

The list of required documents for the court includes:

• the applicant's identity card;
• application for refusal of inheritance;
• receipt for payment of state duty;
• evidence that the “abandonment” was issued against the will of the heir;
• Attached documents.

The plaintiff also has the opportunity to challenge the refusal of inherited property in favor of another heir. You can challenge it by drawing up a statement in favor of another heir.

Property can be transferred:

• first priority heirs: husband/wife, children and parents of the testator;
• heirs of the second stage: brothers/sisters and grandparents of the testator;
• heirs of the third stage: uncles and aunts of the deceased.

A citizen is prohibited from renouncing an inheritance in favor of heirs who are not designated in the will.

Statement of claim

A lawsuit is filed in accordance with civil procedural requirements. It should contain:

• full name of the judicial institution where the claim is filed;
• Full name of the plaintiff and his contact information;
• Full name of the defendant and third parties;
• cost of claim;
• full name of documents;
• grounds for challenge;
• evidence that the “refusal form” was drawn up with violations;
• a request to declare the “waiver” invalid;
• list of attached applications;
• date and signature of the plaintiff.

Only blood relatives who are direct heirs can file a claim to challenge it.

The legislation also provides a list of persons who cannot file a claim:

• unworthy recipients;
• heirs of other queues.

Sample claim for challenging refusal of inheritance

Statute of limitations

The period for challenging the refusal of inheritance should be no more than two months (6 weeks), from the moment the heir did not want to become the owner.

If he was framed or deceived, then the two-month period for challenging begins from the moment the applicant learned about it. Without fail, the plaintiff in the claim indicates the moment when he learned about the illegality of the transaction.

Is it possible and how to challenge a registered refusal of inheritance?

Refusing an inheritance is a decisive step. Having completed it in accordance with all the rules, you forever reject your share. Challenging this decision is a complex and, in most cases, hopeless process. Let's look at what loopholes the legislation provides for those who regret refusing.

Is it possible to challenge the refusal of an inheritance?

According to the third paragraph of Article 1157 of the Civil Code, having renounced a share, it is no longer possible to accept it. If the refusal was completed correctly, in the presence of a lawyer, by a reasonable person, it is impossible to challenge it. It is another matter when serious errors were made in the procedure. Then other articles of the code come into force.

Article 178 deals with cases in which a person is forced or fraudulently persuaded to sign a waiver. There are different variations: they hid the true value of the property, its benefits, etc.

If a refusal is given to an incapacitated person to sign, you need to rely on Article 171 of the Civil Code. An unconscious refusal cannot in any way be recognized as valid, therefore, if you provide papers confirming the inadequate condition of the refuser, it is quite possible to challenge his decision.

When a person renounces his share, fearing for his life, due to threats from the recipient of the said property, the case falls under Article 179.

Invalidation of refusal

So, there are three reasons for invalidating a refusal:

• Inadequate condition of the person at the time of signing the refusal paper;
• Deception on the part of the recipient of the rejected share, promises to carry out any actions in return, blackmail;
• A direct threat to the objector or his loved ones.

As evidence, you can submit medical certificates, threatening letters, expert assessments of property, witness statements, etc.

Underwater rocks

It is being challenged in court. Of course, such a turn of events hurts the reputation of the notary who secured this transaction. It is likely that he will defend his case at the meeting. Therefore, it is better for you to get a lawyer who can protect your rights based on the law. It will be extremely difficult for an ordinary person to do this.

The main criterion in such a case will be the availability of evidence. Without factual proof of your claim, you will lose.

Drawing up a claim and deadlines for filing it

There is no single sample claim for invalidating a refusal of inheritance. Most often, such a paper is drawn up by a lawyer, taking into account all the nuances of the case. Of course, the claim indicates to whom and from whom it is sent, as well as the price of the issue. The main part states the reason why the refusal should be revoked. The list of attached documents is also indicated in the application.

You must submit your claim within 6 weeks after writing the refusal. If the deception was not discovered immediately, or a threat loomed over the objector from the recipient, an application must be submitted within 6 weeks from the date the truth was discovered or the threat disappeared.

Arbitrage practice

As has already been mentioned several times, it is not enough to declare a violation of rights when drawing up a refusal; you need to justify your words. Judicial practice on the issues of invalidating refusal of inheritance is very extensive.

Thus, the Savyolovsky District Court received a lawsuit in which the plaintiff insisted that by giving up her share (half of the property that went to the testator’s two daughters) and transferring it to her sister, she was misled by that same sister. The defendant denied this, claiming that the plaintiff herself offered to formalize the transaction with a notary and was in perfect health at that time.

No evidence, including an explanation of the wording “misled,” was provided by the plaintiff’s representative. As a result, the court did not cancel the refusal.

A similar case occurred in the Moscow City Court.

The plaintiff claimed that she refused the inheritance that opened up after her son’s death in favor of his wife, who allegedly promised to take care of all the paperwork and provide compensation to the mother, which she subsequently did not do.

The court did not find evidence of the above, since the plaintiff voluntarily signed the waiver. No medical evidence was given for her abnormal condition. As a result, the plaintiff was denied.

Let us demonstrate a case where it was possible to challenge the refusal. The plaintiff stated that the deceased, by his will, transferred all the property to him. Having misunderstood the meaning of Article 1158, he wrote a refusal addressed to one of the defendants.

Having learned that, being the only heir, he did not have the right to create a directed refusal, the plaintiff went to court for a refutation. The refusal was declared invalid, since such a transaction did not comply with the law.

The plaintiff's rights to the property were restored.

Is it possible to change your mind?

How to challenge or protest the refusal of an inheritance?

The procedure for challenging an inheritance

According to the provisions of the Civil Code of our state, having once refused the inheritance mass, a person is deprived of the right to accept it.

If the refusal was formalized in the correct manner in compliance with all norms of civil law and in the presence of a lawyer, then the process of challenging the refusal is hopeless.

But there are certain loopholes in the legislation, thanks to which it is still possible to challenge even the refusal to accept inheritance obligations.

It is also possible to invalidate a refusal in court if the heir was insane at the time of signing the documents. But this is difficult to do, since it is necessary to prove that the person could not realize the meaning of his actions, bear responsibility for them and manage them.

If the incapacity of the heir is documented, then challenging the refusal will be much easier.

Applying to the court to invalidate the refusal of inheritance

Summarizing the above, we can say that there are three main factors for recognizing a refusal to accept an inheritance as invalid . This:

• Direct threats to the heir, including his family.
• Incapacity or inadequacy at the time of signing documents.
• Fraudulent actions by fraudsters in order to seize someone else's property.

Challenging the refusal of inheritance is carried out in court. It is important to prove the fact that the actions performed by the notary were invalid. It is very difficult to do this on your own, and it is better for the plaintiff to take the help of a qualified civil lawyer. It is necessary to build a competent and clear position on the case, allowing you to prove your case in court.

First, a statement of claim is filed in court. The claim plays a paramount role in the success of a civil case. It should reflect the essence of the existing problem as much as possible and fully reveal all the nuances of the illegality of refusal of inheritance. The statement of claim shall be accompanied by title documents, certificates, and a receipt for payment of the state duty.

If the value of the claim is less than fifty thousand rubles, then such cases are considered by a magistrate. If the claim is more than fifty thousand rubles, then you will have to go to district courts of general jurisdiction. The cost of the claim is the sum of the inherited property.

Do not forget about the procedural deadlines; you must file a statement of claim to challenge the refusal of inheritance no later than three weeks from the date of the commission of a legally significant act. A procedural claim is filed at the location of the defendant, that is, the notary's office.

The judge accepts the statement of claim. He has the right to leave it without movement, refuse to accept it, or initiate a civil case. In general, the period for consideration of an ordinary civil case lasts two months.

If the decision does not satisfy the plaintiff, then it can be appealed to a higher appellate authority.

Let's talk about judicial practice . Despite the rather specific category of such cases, it is still broad. Fraudsters often take advantage of refusal of inheritance. The main targets of scammers are elderly and incapacitated people.

It is always worth thinking before taking legally significant actions. Refusal of an inheritance made in sound mind cannot be challenged.

Is it possible to challenge the refusal of an inheritance?

Each heir has the right to decide whether to accept the property of the deceased left to him or to refuse it.

Often, an inheritance is abandoned if the debts of a deceased relative are transferred along with it. But what if the heir changes his mind and decides to assert his legal rights? How to challenge a refusal of inheritance? We'll tell you further.

In what cases can a refusal of inheritance be challenged?

Each applicant for the property of the deceased must contact a notary’s office within six months and declare his rights. If everything is in order, the notary will issue a certificate of inheritance.

During the same period, you have the right to sign a waiver of the inheritance if you do not want to receive it. You can refuse in favor of one of the applicants or without any address.

But not in all cases the refusal of inheritance can be challenged. The law allows this to be done if the heir:

• did not understand the significance of his actions at the time of writing the refusal;
• was incapacitated;
• became a victim of threats;
• deliberately misled;
• signed a waiver due to a combination of unfavorable circumstances.

You won't be able to take your refusal back. We'll have to go to court.

Grounds for challenging refusal of inheritance

So, the law is categorical - you can take away a refusal of inheritance in exceptional cases. These loopholes are contained in the law:

Incapacity of the person who signed the waiver

The basis is established by Art. 171 Civil Code of the Russian Federation. An incapacitated citizen cannot sign a waiver; the court will invalidate the document. Everything will return to normal - the party that received the benefit from the transaction will return the received property. The issue is resolved in a similar way if a person signed a waiver while being of limited legal capacity.

Even if a citizen is fully capable, but could not realize what he was doing, the transaction can be challenged. But you will need to present evidence to the court. This could be a doctor’s certificate, medical reports, information about the medications the person took, etc.

Support the grounds for challenging with documents.

This condition is referred to in Art. 178 Civil Code of the Russian Federation. Other heirs may be deceiving you. For example, they say that along with the property of the deceased you will receive huge debts or promise compensation. It turns out that if a person knew the real state of affairs, he would not refuse the inheritance.

For example, a citizen might think that the value of the property that he should receive under the will is extremely small. Moreover, expensive repairs will be required. In fact, he could simply be encouraged to renounce his inheritance in favor of others.

Another example would be a situation in which a person signed a waiver in favor of another person, considering him to be the legal heir, but in fact he was mistaken.

Fraud and misrepresentation are reasons to invalidate a refusal.

• Pressure - threats and violence

If the refusal was signed not of his own free will, but under the influence of violence, threats, including in relation to his relatives, the decision can be challenged on the basis of Art. 179 of the Civil Code of the Russian Federation.

Anything signed under pressure can be challenged.

Time limits for appealing refusal of inheritance

They depend on the circumstances of the case. If the refusal is signed by an incapacitated person, the transaction is considered void. It can be contested within 3 years.

If the decision to refuse was made under pressure, using threats or violence, the statute of limitations is 1 year. The countdown begins from the moment the violence or uttering of threats ceases.

Even if more than 3 years have passed, you can restore the period through the court. You will have to prove that the reason for the absence is valid.

The general period for challenging the refusal of inheritance is 3 years.

What documents will be required?

The refusal will have to be challenged in court. Submit a claim and indicate:

• name of the court;
• details of the plaintiff and defendant (full name, registration addresses, telephone numbers);
• information about the notary who certified the signatures on the disputed transaction;
• the cost of the claim is the value of the property;
• circumstances of the case (how your rights were violated);
• evidence confirming your words (for example, details of a court decision declaring a person incompetent);
• links to the relevant norms of the Civil Code of the Russian Federation;
• a request to invalidate the transaction;
• list of documents attached to the claim;
• date and signature.

Download a sample statement of claim for invalidation of an application for refusal to accept an inheritance

Attach to the claim:

• receipt of payment of state duty;
• supporting papers - a court decision declaring a person incompetent, a certificate from a doctor, etc.;
• audio and video recordings that confirm your words;
• copies of the claim for all parties to the case.

Challenging the refusal of an inheritance is not an easy procedure. It is better to immediately involve a lawyer in the case who is familiar with current judicial practice and will competently build a line of conduct during the trial. He will collect all the necessary documents, find evidence of your words, file a claim in court, and represent your interests during the proceedings.

Judicial practice of challenging refusal of inheritance

Most often, a citizen who refuses an inheritance is aware of the consequences of his decision. That is, he understands that the refusal is irreversible, which means he will never again have the opportunity to claim the inheritance. However, the law establishes a number of cases when refusal of inheritance can still be annulled. It is about them that will be discussed further.

First of all, it is important to note that the procedure for challenging an inheritance, although proposed by law and feasible, is very complex and is implemented in exceptional cases. Therefore, before you refuse an inheritance, think carefully about this decision.

Refusal of inheritance can be challenged in the following situations:

• The refused heir did not understand the consequences of this act at the time of writing the refusal;
• The heir who refused was deliberately misled;
• The heir was forced to write a refusal through threats, violence or deception.

The limitation period in this case is 2 months. This means that you can challenge the refusal no more than 2 months from the moment you learned about the circumstances sufficient to recognize the refusal as unlawful.

The decision to refuse inheritance can only be canceled by a court. Thus, in order to achieve such a decision, an appropriate statement of claim must be filed with the court. The law, namely Articles 177, 178 and 179 of the Civil Code of the Russian Federation, states that any transaction can be canceled if there are compelling reasons in the form of legal acts.

Most often, an application for refusal is submitted to the court, based on the fact that the refusenik made such a decision while under violent pressure from a third party (established by Article 179 of the Civil Code of the Russian Federation).

As mentioned earlier, a refusal can only be annulled through a court, which is enshrined in Art. 1157 Civil Code of the Russian Federation. When drawing up a claim to declare a refusal unlawful, it is very important to indicate that you wrote the refusal after being deceived by third parties, and also to attach documentary evidence of this fact. Otherwise, you won’t have to count on success in court.

What is the evidence of this fact? These are, first of all, official documents that confirm that at the time the refusal was made, pressure was exerted on its author or he was misled. It is also possible to attract witnesses who will give their testimony in court.

Is it possible to challenge your father's will? Read here.

Judicial practice indicates a rapid increase in literacy in matters of civil law and, as a consequence of the first, an increase in the number of trials specifically on the issue of transfer of property by inheritance. Russians involved in such a process are trying to protect their personal interests.

Documentary evidence of the fact that the objector was forced to make this decision is included in the category of particularly important ones.

This is explained by the fact that if the court is not provided with facts of violations when forming the refusal, it will not make a decision on its annulment.

Collecting documentary evidence of forcing a person to write a refusal is a rather complicated process. It is not possible to implement it without the help of a professional lawyer.

Art. 179 of the Civil Code of the Russian Federation states that a refusal may be considered illegal for the following reasons:

• The refusal was the result of misleading the person or the use of threats or violence against him;
• The refusenik was forced to make this decision because he was in extremely difficult circumstances, which was deliberately exploited by a third party, who imposed conditions that were obviously unfavorable for the refusenik and infringed on his rights.

If one of the above reasons occurs in your case, you should file a claim with the court demanding that this transaction be declared invalid.

Article 177 of the Civil Code of the Russian Federation states that a refusal is invalid if the person who made it was incapable of making informed decisions (including due to a lack of understanding of the meaning of the refusal).

For example, a refusenik was experiencing severe mental distress due to the passing of his close relative.

If the contract is voidable, the period for requesting cancellation is only 1 year. If this deadline was missed, the court will not even consider such a claim.

Judicial practice of invalidating refusal of inheritance

As mentioned earlier, in addition to the statement of violation of their rights, the plaintiff needs to attach evidence of their claims. Judicial practice in the field of annulment of refusal of inheritance is very extensive.

Let's look at one example. Thus, citizen A.A. Petrova filed a lawsuit in the district court. In her claim, she indicated that after the death of her mother, the property according to the will passed to her and her brother O.A. Petrov. But she renounced her share in favor of her brother, but later realized that her brother had obtained her renunciation through deception.

The defendant, represented by the brother, stated that this was not true, since citizen Petrova A.A. she herself was the initiator of registering the refusal with a notary and was in completely healthy condition. In turn, the plaintiff was unable to provide the court with a single piece of evidence that the defendant misled her. As a result, the court issued a verdict - the plaintiff’s request was denied in full.

Another case. Plaintiff, citizen Sidorov E.E. appealed to the district court with the following demands. He stated that he had renounced his share in the inheritance of his father, citizen Sidorov E.V. in favor of his wife, Sidorova O.A. He did this on the conditions that citizen Sidorova O.A. She will handle the registration herself and pay him compensation, but she did not do this in the future.

This agreement was oral. That is, there were no documents or witnesses to this agreement. Naturally, the court rejected this claim for lack of evidence from the plaintiff of the basis on which he filed this claim.

Let's also consider one example where the plaintiff was able to achieve annulment of the refusal. Thus, a claim was filed in the district court by citizen Ivanov I.I. In it, he indicated that the deceased had drawn up a will in which he bequeathed everything to him. At the same time, the plaintiff himself did not correctly understand the meaning of Art. 1158 of the Civil Code of the Russian Federation, drew up a refusal addressed to one of the defendants.

He then learned that since he is the only heir, he does not have the right to draw up a directed refusal. And he went to court for annulment. The court accepted this claim and annulled the deal, since it really goes against the law. The plaintiff's rights to the property were immediately restored.

Is it possible to challenge a refusal of inheritance?

The law establishes that acceptance of an inheritance is carried out within a six-month period from the date of opening the case. During this time period, the applicant for the property can not only accept it, but also refuse it. The decision is submitted in writing to a notary and it is almost impossible to challenge the refusal of inheritance. But there are exceptions, they are directly provided for by law.

Consequences of refusing an inheritance

The possibility of refusing an inheritance is expressly provided for by the Civil Code of the Russian Federation, namely in Article 1157. It is assumed that the refusal can be carried out in favor of other heirs (Article 1158 of the Civil Code of the Russian Federation) or without indicating such persons.

Refusal of part of the inheritance is not allowed. The heir either does not receive his part of the inheritance at all, or receives it completely.

This procedure is implemented according to the following rules:

• the application must be submitted at the place where the case was opened within the period provided for acceptance of the inheritance, that is, within six months;
• the application is submitted in person, by mail (in which case the signature must be witnessed by another notary) or by power of attorney, if such authority is expressly indicated in it.

Instructions on the time period and how exactly the refusal is carried out are contained in the norms of the Civil Code of the Russian Federation, in particular in Article 1158-1159.

The main consequence is that the applicant loses his right to receive property or property rights previously included in the inheritance mass. His right passes to the one in whose favor he refused or, if he refused without indicating the applicant, is distributed among other heirs of the corresponding line in equal shares.

How can you challenge a refusal of inheritance?

As a general rule, the statement is final. A person must clearly understand the consequences of his choice; his rights and obligations are explained by the notary.

In practice, it is possible to challenge your application in court only in certain cases:

• if the application is submitted by a person recognized as incompetent or partially capable. This conclusion can be drawn from the content of Article 171 of the Civil Code of the Russian Federation;
• if the application was submitted as a result of deception, abuse of trust or misconception (Article 178 of the Civil Code of the Russian Federation);
• if committed under pressure from other persons, for example, under the threat of physical harm (Article 179 of the Civil Code of the Russian Federation).

The challenge procedure is implemented only through the court; accordingly, the applicant (or his representative) must himself prove the circumstances to which he refers.

Applicable evidence

It will be quite difficult to prove your position. The court will never make a decision based only on oral arguments; significant evidence of the plaintiff’s position will be required. These include:

• testimony of witnesses confirming the applicant's position;
• medical documents indicating that at the time of writing the refusal the citizen was not aware of his actions;
• an expert opinion indicating the person’s inability to account for his actions;
• a court verdict to prosecute the person who forced the applicant to write a refusal;
• other evidence that can support the plaintiff’s position.

In practice, it will be quite difficult to prove a position, since it is not always possible to collect the necessary documents or convince the court of your own rightness in some other way.

Application deadline

Refusal of inheritance can be considered a unilateral transaction. Therefore, when determining the limitation period, the rules for recognizing transactions as voidable are applied.

Thus, Article 181 of the Civil Code of the Russian Federation determines the limitation period for invalid transactions. Paragraph 2 of this norm states that the statute of limitations for declaring a transaction invalid is one calendar year.

The statute of limitations begins to count from the moment the reasons for which the refusal was carried out cease to apply to the applicant.

What to pay attention to

First of all, it should be noted that challenging the refusal of inheritance is carried out only within the framework of judicial proceedings. Another heir is indicated as the defendant, who, as a result of the refusal, received rights to the property (there may be several defendants).

The notary who accepted the refusal is called to the meeting as a third party. During the trial, it must be clarified how accurately he explained the consequences of the refusal for the applicant, and whether he filed the case in accordance with current legislation.

Let's sum it up

Refusal of inheritance, as a general rule, is irreversible. The applicant will no longer be able to claim to receive the inheritance and will be completely removed from the inheritance line.

He will be able to challenge his statement only when he wrote it under the influence of deception, threats, blackmail, being incapacitated, and so on. Legal representatives will also be able to cancel a person’s refusal if at the time of filing the application he was unable to account for his actions.

In general, it is possible to cancel a refusal, but to do this, the court must receive from the applicant significant evidence of its decision and its compliance with the norms of the legislation of the Russian Federation.

Contest refusal of inheritance

I wrote a waiver of inheritance - a 50% share of my parents’ apartment in favor of my brother, he promised to sell the apartment and give half of the money to me. He registered the apartment in his name and is not going to sell it, nor to give it away in money, “I don’t have any money, I’ll give it back when I get it.”

I wrote a refusal due to my mother’s illness - a stroke. My brother offered to register everything in his name, invited a notary to his mother’s house, I signed the refusal, my mother’s will was not his, the notary confirmed my legal capacity, although my mother could neither write nor read.

• Is it possible to challenge the refusal and restore my rights to inheritance?
• How much will it cost to run a case?
• Probability of winning the case?

Since cancellation of a refusal of inheritance is not permitted by law, a refusal of inheritance can only be challenged in a probate court.

Refusal of inheritance by the court is considered as a unilateral transaction, which for some reasons may be declared invalid.

The grounds for recognizing a refusal of inheritance as invalid may be the following: the heir was in such a state at the time of the refusal of the inheritance that he could not understand the meaning of his actions or manage them; the heir refused the inheritance under the influence of a misconception that was of significant importance, but it is possible to challenge the refusal the inheritance due to the heir’s misconception about the value of the inheritance will not work; the heir was forced to renounce the inheritance under the influence of violence, threat, deception, etc. or in the event of a combination of extremely difficult circumstances for oneself, which the legatee took advantage of.

You can challenge a refusal of inheritance if the heir proves in court the presence of one of these grounds - this will restore the rights of the heir. Evidence may be testimony of witnesses or documents, for example, a medical certificate about the state of health at that time.

Testimony of witnesses can also serve as evidence of refusal of an inheritance under a condition (often a refusal of an inheritance in favor of other persons hides a refusal under a condition), therefore, such a refusal of an inheritance will be challenged. Since a refusal of an inheritance can only be challenged in court, it is important to emphasize , that recognizing the refusal of inheritance as invalid is not in the interests of the notary. The notary was obliged to explain to the heir about the consequences of refusing the inheritance during registration. The very possibility of challenging the refusal of inheritance under some circumstances may cast a shadow on the activities of this notary.

In this regard, the party advocating recognition of the refusal of inheritance as invalid must understand that it will have to appear in court against an opponent well-prepared in these matters in the person of a notary. Controversial inheritance cases resolved in court are quite complex; guarantees for recognizing the refusal of inheritance in court the inheritance cannot be invalid; therefore, only the participation of a lawyer experienced in these matters in the case can increase the chances of a positive decision in court.

A refusal of inheritance can be challenged within six weeks, if such a refusal can be challenged. The period is considered from the moment the interested party discovers the grounds for invalidating the refusal. In case of refusal of inheritance under threat of danger, the period is counted from the moment this danger is eliminated. In circumstances where the last place of residence of the testator was abroad or the heir is abroad at the beginning of the term, the period will be six months.

Challenging is excluded if circumstances giving grounds to challenge the refusal of inheritance are discovered after 30 years.

Can a refusal of inheritance be challenged in case of bankruptcy?

• Information about third parties - they can be a notary who certified or included a statement of refusal in the case.
• The value of the claim is the value of the inherited property;
• The title of the document is “statement of claim to challenge the refusal of inheritance”;
• The main text of the statement of claim is a description of the circumstances that occurred before the opening of the inheritance (death of the testator), the transfer of inherited property, the basis for inheritance (family connection or will), as well as the circumstances that served as the reason for the refusal;
• Link to evidence of the invalidity of the refusal;
• The court is asked to declare the refusal invalid;
• List of applications;
• Date of filing the claim;
• Plaintiff's signature.

Deadlines for challenging a refusal A claim must be filed no later than 6 weeks (2 months) from the date of refusal.

Is it possible to challenge a refusal of inheritance?

Therefore, do not be alarmed by the debt the testator has. And do not rush to refuse the inheritance only on this basis. A completely different scenario involves the actual acceptance of the inheritance.

In particular, if you did not apply to the notary to accept the inheritance, but after the death of the testator you remained to live in the testator’s apartment, paid rent or performed other actions indicating that you actually accepted the inheritance, then the court may recognize you as having renounced the inheritance .

It is important to remember that you will be required to convince the court of good reasons for missing the six-month deadline for renouncing the inheritance. Refusal of an inheritance may entail certain problems or undesirable consequences for the heir, so we advise you to contact our lawyer for a face-to-face consultation.

Is it possible to revoke a refusal of inheritance: terms and limitations of the procedure

This practice is allowed in the following situations: Indicators Description If the heir for some reason was not notified and could not know about the death of the testator The deadline was missed if there were really serious reasons for this If the claim of the plaintiff is satisfied, an already issued certificate of inheritance, as well as a statement refusal of inheritance may be declared invalid. The corresponding court decision will be used in the future for a variety of purposes. Drawing up a statement A statement of claim to challenge the refusal of inheritance should be drawn up accordingly.

There are no specific recommendations in this regard in the legislation.

How to annul, cancel a refusal of inheritance

• thoroughness (supporting your arguments with current regulatory legal acts);
• reliability (exclusion of dubious sources, deliberately false information);
• timeliness (writing and filing taking into account the statute of limitations - 3 years from the date of refusal).

Applications to the court are drawn up in accordance with the established structure of four blocks:

1. Name of the competent judicial authority, full name, address of the applicant and defendant, price of the claim.
2. Circumstances that served as the reason for the application, arguments for the invalidity of the refusal.
3. Plaintiff's claims.
4. List of documents and materials attached to the application.

The claim must be accompanied by a package of documents and evidence that could substantiate the fairness of the plaintiff’s claims.

How to challenge or protest the refusal of an inheritance?

As can be seen from the example, the classic deception scheme is built on trust between relatives. Such transactions are not protected by law. Because refusal of inheritance cannot be conditional. Consequently, the heirs need to enter into property rights and only then decide on the redistribution of shares or pay compensation before the paperwork is completed.

However, in this case the payer will not have any guarantees. Is it possible to revoke a refusal? No. The law does not provide for the possibility of submitting a new application to a notary. The only way is a trial. An interested party may apply to have the transaction declared invalid.

How to cancel a renunciation of an inheritance A renunciation of property rights is a one-sided transaction. Civil legislation provides for the possibility of invalidating such a transaction through the court.

What should I do with my inheritance if I am bankrupt?

Can I refuse an inheritance because the amount of debt exceeds the amount received as an inheritance? Where should I go to register the refusal of inheritance? Having explained to the client that after accepting the inheritance by writing a statement at the notary, it will be impossible to refuse it, we also assured that the heir should not be afraid of collecting a sum of money that exceeds the value of the inheritance. The law establishes a rule: the heir is liable to creditors within the limits of the value of the property received by inheritance. Therefore, there should be no concern about debt.

If you managed to write an application for acceptance of the inheritance, then the debts will have to be repaid. Even if the debts exceed the cost of the inheritance, you will not spend your money. And if the debts are less in value than the property acquired by inheritance, then you will still remain in the black.

Will it be possible to challenge the refusal of inheritance?

And since he is a professional lawyer, in order to confront him he needs to be well prepared and also enlist qualified support. But the main thing is to prepare a strong evidence base.

Without convincing evidence, starting a lawsuit is a waste of time and effort.

Judicial practice We will give examples of both positive and negative outcomes of the case challenging the refusal.

The plaintiff could not provide any evidence of this.

Attention Claim for recognition of refusal of inheritance as invalid The basis for starting a court hearing is a statement of claim. The document must contain the following information:

• name/address of the court to which the papers are filed;
• Full name, address of the plaintiff/defendant;
• data about third parties (notary, guardianship authority);
• the cost of the claim;
• document's name;
• main text of the statement;
• justification of the reasons for the invalidity of the document;
• the essence of the request;
• date, signature.

Also attached to the claim is a list of documents that are directly or indirectly related to the case. Documents Without evidence, filing an application to court is useless.

If grandma writes a will or deed of gift for her brother, he will then calmly kick me out. What can I do to avoid staying on the street? Answered by Pogodina Svetlana Nikolaevna Lawyer Give up the property in favor of your son. You, as the legal representative, will have the right to dispose of this property in the interests of the child.

If there are eyewitnesses to the events taking place, they can be invited as witnesses in the case. Expenses, cost When filing a statement of claim, heirs must pay a state fee. Its size depends on the category of the case.

If the hearing takes place as part of a special proceeding, the state fee is 300 rubles. This usually includes cases where the cause of the proceedings is the incompetent actions of a notary.

If the hearing is carried out as a claim proceeding, then the amount of the state duty will depend on the amount of the claim (Article 333.19 of the Tax Code of the Russian Federation). For example, if the value of the property is from 20 to 100 thousand rubles, then the heir will have to pay 800 rubles. plus 3% of the amount that exceeds 20,000.

The minimum rate for property disputes cannot be lower than 400 rubles. The defendant in such cases is the person who, through his illegal actions, influenced the completion of the contested transaction. The testator's son lived in another city. The deceased man's wife was not the young man's natural mother.

The stepmother offered to settle all issues with paperwork. The stepson only had to write a refusal and wait until the woman filled out all the documents in her name, and then sold part of the property and returned his share to him.