How to cancel a refusal of inheritance

To understand whether it is possible to cancel an application for refusal of inheritance, you should first identify the applicant’s motives when writing it. The judicial system will not allow the legitimate interests of people who refuse inheritance to be violated by unlawful means. If a person simply refused the inheritance and then changed his mind, then filing claims within the judicial system will be groundless and fruitless. And it is extremely difficult to imagine resolving these issues out of court.

Legislative norms

Legislative, including constitutional, norms consider the issue of succession in great detail. Thus, the Constitution of the Russian Federation in Part 4 of Art. 35 covers inheritance guarantees. Civil Code in Part 1 of Art. 1112 defines the content of the inheritance, which implies tangible property, and also includes the rights and obligations of its ownership.

Acceptance of an inheritance, along with the refusal procedure, is carried out after the will of the intended recipient (regardless of the method of transfer of the inheritance). This is also reflected in Chap. 64 Civil Code of Russia. There is also information about the possibility and consequences of claiming an inheritance by a failed heir due to his earlier refusal.

Let's consider whether and how to revoke a refusal of inheritance. Important points of Articles 1157-58 of the Civil Code:

1. The decision must be announced within a six-month period and in the direction of specific individuals or without such a condition.
2. Partial renunciation is only permissible if its transfer occurs on two or three grounds (by will/legal norms/in the process of transmission, etc.). Then the refusal may extend to a separate basis and the inherited property assigned to it.
3. The refusal letter cannot be edited and is not returned to the applicant only on his initiative as invalid.

For succession or refusal of it, an individual is given a six-month deferment, starting after the death of the testator and from the moment the inheritance appears. In all cases, the clear result is the loss of rights to property, and therefore the legal grounds for its return.

Is it possible to revoke a refusal?

An important principle in understanding this issue is that the rights of one person in relation to all property and tangible assets begin at the moment when the rights of another end.

However, this does not mean that, by renouncing his inheritance rights and obligations in relation to material goods or things, a person can purposefully transfer them to a specific person without his consent.

In addition, in case of refusal, citizens are notified by the notary about all the consequences of this action. Here the question arises as to whether it is possible to refuse an inheritance and how to revoke this transaction. It is possible, but only with proof of its invalidity. In legal proceedings, only a few significant grounds for canceling a refusal are taken into account.

Cancellation procedure

If the refusal of inheritance is recognized as having entered into force through notarization, then it is not canceled at the request of only one party. A conflict of interests regarding part of the property also implies the need for litigation. Long-term practice shows that the outcome of court hearings is ambiguous and will depend on the level of training of the participants and the evidence they present.

Grounds for challenge

The invalidity of a transaction is determined if there are legally established grounds and taking into account the general provisions and special rules of the Civil Code of the Russian Federation. Initially, the transaction must be certified by a notary. Otherwise, it has no legal force and should not be contested. A legal transaction may be qualified by the court as void or voidable.

In this case, you need to know how to cancel a refusal of inheritance by challenging the transaction. Grounds for invalidity:

• misconception regarding the nature and motives of the transaction;
• signing documents fraudulently;
• refusal due to physical or psychological pressure;
• bondage, in which one person took advantage of the plight of the other party when signing documents;
• incapacity of the citizen at the time of signing the documents (including due to minority).

In general, the plaintiff will have to prove a violation of his legitimate interests, and therefore the requirements for citizens established by laws and legal acts. Therefore, if fraudulent actions are proven, the outcome of the proceedings may be not only the return of the inheritance to the original heir, but also the punishment of the new owner.

Contents of the claim

The essence of the requirements for such a claim is to recognize the transaction as invalid. If the plaintiff has a legally protected property (material) interest in this recognition, then the court may grant his request. After a decision is made in favor of the applicant, the responding party must return what was appropriated. If this cannot be done, then its cost will be reimbursed.

The content of a specific claim depends on the situational specifics. For example, the invalidity of a transaction may be proven in court due to the misleading of the refused applicant. At the same time, in an apartment received as an inheritance, registration can serve as evidence that the citizen has exercised the right to receive property.

Filing a claim

Initiating legal proceedings consists of preparing a documentary package, which includes a claim and annexes. In this case, you must contact the district (city) court.

It should be noted that the limitation period for the nullity of the transaction is 3 years, and for voidability - 1 year. When submitting documents, the secretariat will affix a stamp and signature on acceptance to the plaintiff’s copy.

Sample claim for recognition of an application for refusal to accept an inheritance as invalid

An application to the court on the topic under consideration is drawn up taking into account standardized norms and includes information blocks in accordance with Art. 131 Code of Civil Procedure of the Russian Federation. The mandatory list of attachments to the application is determined by Art. 132. This includes documents identifying the identity and the presence of inherited property, as well as documents confirming the legality of the claims.

Contents of the statement of claim to the court:

1. In the header: names of the court, applicant and defendant, price of the claim (if any).
2. In the middle there is a title: STATEMENT OF CLAIM for...
3. The text part contains information regarding the identity of the plaintiff and defendant and the circumstances of the case, namely, the content and characteristics of the inheritance in question and the essence of the offense. In this case, it is imperative to refer to the articles of the current legislation of the Russian Federation.
4. Demands or petitions are usually drawn up in a list. Often the following points are present here: invalidation of the refusal of an inheritance, establishment of the fact of its acceptance, recognition of ownership, foreclosure on this inheritance.
5. The last part of the application contains a list of applications.

It should be noted that the interests of the plaintiff can be represented by an official intermediary. This fact must be confirmed by a notarized power of attorney, also attached to the court. The application must be certified by the signature of the plaintiff. The current date of its submission is also indicated here.

Features of registration of refusal

The refusal is made at the location of the inheritance in the form of a written notification from the intended heir. If it is submitted by a representative under a power of attorney or sent by mail, then the signature of the heir must be witnessed. When a refusal is made by a legal representative, a power of attorney is not required.

A refusal written by a person who has not reached the age of majority or is incompetent due to health problems can also be recognized as legal.

However, in addition to notarization, for this you should request and receive special permission from the guardianship and trusteeship authority.

Nevertheless, the actions of the employees of this body can also be challenged in court and the refusal of inheritance can be subsequently cancelled.

Impossibility of transfer of rights

Refusal in favor of specific persons is permissible within the framework of current legislation. However, this does not mean that the alleged owner will unconditionally assume his rights. They are subject to the same rule as the original heir - a six-month delay to make a decision on the proposal received.

Let's consider whether it is possible to cancel the refusal of inheritance in favor of specific persons. Allowed options:

• from the list of heirs by will or heirs by law (for example, the primary heirs by law after the death of a husband are his wife and children);
• in favor of those who are called to inherit by right of representation;
• in favor of legitimate claimants upon the death of the designated heir (transmission order).

The following property cannot be waived:

Also, refusal is impossible if the will contains an indication of sub-appointment (Article 1121 of the Civil Code). The sub-appointed applicant acts as a backup option, which is subject to inheritance rights in the event that they do not go to the main recipient (due to death, removal, etc.).

Is it possible to return an abandoned inheritance?

If the judge is not presented with specific reasons for canceling the refused transaction, then he will consider the possible manifestation of any unlawful act: deception of the person who refused, violence against him at the time of writing the statement, etc. If the heir cannot prove these facts in court, a decision is made only on the inconsistency of the interests of the participants.

However, such an insignificant reason cannot affect the return of the abandoned inheritance. Proving the existence of legal grounds for canceling a refusal of inheritance is not at all easy. Even misleading the person who wrote the refusal when making a transaction is extremely difficult to prove due to notarial support and the notary’s mandatory informing of citizens about the consequences of their actions.

If a similar situation arises, the best solution is to contact a specialist. You need to describe your problem over the phone. When your application is accepted, expect a call from your lawyer.

How to cancel, cancel a refusal of an inheritance - if you refuse an inheritance, is it possible to return everything back? Is it possible to revoke a refusal of an inheritance?

Home » Inheritance » How to annul, cancel a refusal of inheritance

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The right to refuse inheritance is established by Art. 1157 of the Civil Code (Civil Code) of the Russian Federation. And, as a rule, the successors of the debtors or persons who are extremely uninterested in the property of the deceased are in a hurry to take advantage of it.

But they are not always able to objectively assess the prospects that the acquisition of inherited goods opens up.

And when it turns out that the profit still outweighs the losses, the objectors are puzzled by the restoration of their rights.

Is it possible to change your mind if you have written a refusal of inheritance?

The first thing that may come to the mind of the renounced heir is to take the waiver back, pointing out to the notary his mistake or lack of foresight. But the notary’s consent in this case will be unlawful. By simply canceling the refusal they will violate paragraph 3 of Art. 1157 of the Civil Code of the Russian Federation, which quite firmly and unequivocally denies the possibility of changing or withdrawing an accepted application.

A kind of insurance for maintaining order is the Unified Notary Information System. It registers any submitted and officially executed application, thereby eliminating almost all illegal manipulations with the inheritance case.

The legal significance of the registered act is ensured by:

1. Personal signature of the applicant or his representative - legal (in case of minority or incapacity of the copyright holder) or voluntary (appointed at will).
2. Signature of a valid notary (confirmed by an appropriate certificate or entry in the open database of the Federal Notary Chamber).
3. The authentic seal of the certifying person (determined by the presence of the coat of arms of the Russian Federation, full name, location, TIN or notary certificate number).

In addition, in order to moderate the claims of those who have changed their minds, notaries oblige them to include in the content a note about awareness of the provisions of Art. 1157 of the Civil Code of the Russian Federation and a personal signature under it. In this regard, the factor of misunderstanding the nature of the act being committed and the applicant being under the influence of a significant misconception is excluded.

Thus, the heir who wants to restore his rights has no choice but to try to invalidate the document.

Is it possible to challenge a refusal of inheritance?

The legal provisions governing the conclusion of transactions apply to the refusal. After all, refusal is a one-sided transaction aimed at the heir’s renunciation of the rights that have arisen.

According to paragraph 2 of Chapter 9 of the Civil Code of the Russian Federation, the invalidity of a certified legal action may arise under the following circumstances:

1. The form for drawing up the refusal is violated - there is no signature of the refuser, certifying marks of an authorized person, the date of writing, the full name of the heir is indicated incorrectly.
2. Data about the document is not recorded in the Unified Notary Information System.
3. The transaction was certified by a notary who resigned at that time.
4. The action was completed before the death of the testator.
5. The renunciation of the inheritance was carried out in favor of a person unacceptable by law *.
6. The subject of the refusal is a part of the inherited property.
7. The refuseor was a minor or incapacitated heir.
8. The person who filed the refusal instead of the successor did not have the right to do so. For example, due to the absence of a notarized power of attorney or permission from the guardianship or trusteeship authorities (if the refusalr is under 18 or recognized by the court as an incompetent or partially capable citizen).
9. The successor was under the influence of a serious misconception (regarding the nature of the transaction, the circumstances that prompted him to refuse, the quality, value and composition of the property due) or undue pressure from interested parties (violence, threats, blackmail).
10. The heir's condition did not allow him to objectively assess what was happening due to a short-term altered consciousness (under the influence of specific drugs, narcotic substances, mental imbalance).

* — art. 1158 of the Civil Code of the Russian Federation does not recognize the legal force of a waiver made in favor of another person if:

• this person does not have or is deprived of inheritance rights (an unworthy heir, a citizen who is not included in the circle of applicants by law or by will);
• the testator bequeathed all his property to a certain circle of persons (in this case, the refusal of one of them entails an increase in the refused share to the shares of the remaining heirs and to no one else);
• the subject of renunciation is a compulsory share (entitled to close disabled relatives and dependents of the deceased who are disinherited by the will);
• it is executed by the successor appointed by the will, while ignoring the rights of the sub-appointed applicant.

If at least one of the listed circumstances exists, the interested person has the right to apply to the competent authority to have the refusal invalidated.

However, not all invalid documents are subject to challenge. Some of them are declared void without a judicial opinion. These include all refusals committed under circumstances 1–7 of the above list.

https://www.youtube.com/watch?v=JemtHmIyWwY

The declaration of renunciation as void is carried out by a notary conducting inheritance records. In fact, the authorized person should not have allowed such a transaction to take place in the first place.

In any case, the document does not have official status and can be removed from the case file at any time.

But, if an insignificant refusal entails legally significant consequences, for example, the registration of an inheritance by other successors and the issuance of relevant certificates, the invalid transaction becomes voidable.

How to challenge a refusal of inheritance

The renouncer himself or another person whose rights and interests were affected has the right to challenge the renunciation. This may be the heir by way of transmission, that is, the successor of the refusalr. He gains the opportunity to challenge an invalid refusal if his immediate testator died before the expiration of a six-month period from the date of opening of the abandoned inheritance.

To restore their rights, the interested person must:

1. Contact the district court at the defendant’s place of residence or your own if the defendant is not present in the case. *
2. Pay the state fee. **
3. Submit an application and a package of attached documents to the authorized court employee.
4. Justify your position when considering the case.
5. Get a court decision.
6. If the court has satisfied the applicant’s demands, go to the notary to cancel the certificates issued for his inheritance share, and register the property due.
7. If the district court does not consider the annulment of the refusal to be lawful, and the applicant does not agree with this, file an appeal with the judicial panel for civil cases of a constituent entity of the Russian Federation, and if there is no result here, file a cassation with the presidium of the supreme court of the region.

* - The defendant is a person who, through his unlawful actions (intentional or accidental), influenced the completion of an invalid transaction. In cases where the reason for the proceedings is the incompetent actions of a notary, the defendant is not indicated, and the case itself is considered as a special proceeding.

** — The amount of the state duty is determined depending on the price of the claim (estimated value of the inheritance) and is calculated at the following interest rates:

• cost of claim up to 20 thousand - 4% of the amount (minimum 400 rubles);
• 20–100 thousand - 3% of the difference between the estimated value and 20 thousand + 800 rubles;
• 100–200 thousand - 2% of the cost over 100 thousand + 3200 rubles;
• from 200 thousand to 1 million - 1% of the claim price exceeding 200 thousand + 5200 rubles;
• over 1 million - 0.5% of the actual amount - 1 million + 13,200 rubles.

If invalidity is recognized in a special proceeding, the amount of the fee is fixed and amounts to 300 rubles.

In cases where the reason for writing the refusal was the criminal actions of persons interested in the inheritance, they must be reported to the police. After initiation and investigation, the case is subject to transfer to the court and, based on the decision made by it, the abdication is annulled.

Sample application for invalidation of renunciation of inheritance

The application to the court is drawn up taking into account the following requirements:

• information content (exhaustive description of facts significant to the case);
• brevity (brief presentation, absence of “lyrical” digressions);
• structure (consistency and logic in the presentation of information);
• objectivity (no to speculation, fantasies, bias and personal assessment of what is happening);
• correctness (polite and impartial description of the situation, absence of insults and derogatory statements addressed to the parties to the case);
• 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.

To confirm the right to go to court on this issue, copies of the following documents are needed:

• death certificate of the testator;
• wills or documents establishing the right of inheritance by law (birth certificate, adoption certificate, marriage certificate, change of surname, etc.);
• the applicant's identity documents;
• identity card and legal documents of the representative;
• certificates of deregistration of the deceased;
• assessment act for inheritance;
• statements of refusal;
• original receipt of payment of state duty.

Evidence in the case includes:

• medical report on the insanity or incapacity of the objector;
• a court ruling on the guilt of third parties in forcibly compelling the plaintiff to renounce the inheritance;
• witness statements;
• photo and video materials;
• information about the termination or temporary termination of the powers of a notary at the time of certification of the waiver, etc.

Download a sample statement of claim

Arbitrage practice

The outcome of consideration of cases on the invalidity of renunciation of hereditary powers depends on many factors. First of all, this is, of course, the solidity of the plaintiff’s position. The court will not accept an application with illegal and illogical demands, when putting forward which the applicant did not rely on existing regulations or tried to substantiate weak arguments.

Next, the court takes into account the evidence. All materials provided by the plaintiff are carefully checked and analyzed, as a result of which an opinion is made about their irrefutability and compliance with the subject of the claim, or, on the contrary, they are rejected by the justice authority.

An important role is played by the accompanying circumstances in the life of the refuser: his financial situation, state of health, existence of property obligations, and others.

They are indirect evidence of the heir’s sincerity - it is unlikely that a lonely pensioner or parent of a disabled child will voluntarily give up property unencumbered by debts to a citizen with high material income.

The following case from judicial practice may become a positive example of the consideration of such cases.

The plaintiff, the legal representative of an elderly citizen, appealed to the court.

His demands were expressed in the recognition of his ward’s renunciation of the inheritance as invalid due to the presence of senile dementia, due to which he was not fully aware of his actions and their consequences.

The refusal occurred and was certified by a notary, since there was no court decision on the applicant’s incapacity, and the notary did not request a medical report.

As a result, several conditions for the validity of the transaction were violated:

• it was committed by a person with limited legal capacity;
• there was no permission from the guardianship and trusteeship authorities;
• at the moment of abdication, the heir was not able to realize what was happening.

The daughter of the refusenik, noticing the deterioration of her father’s mental abilities, went to the clinic, where, based on the results of the examination, he was diagnosed with Alzheimer’s disease. Based on this, the court recognized the patient as having limited legal capacity, and his daughter became his guardian.

The court satisfied the plaintiff's demands and declared the deal void of legal force - evidence of this was a medical report with the approximate time of onset of the disease, which also covered the moment of the refusal.

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

• On acceptance and refusal of inheritance
• Is it possible to get my right back?
• Where does registration take place?
• How to refuse an inheritance
• Specific features of refusal of inheritance

Article 35 of the Constitution of the Russian Federation allows every citizen to receive and dispose of inherited property. The law allows you to independently take possession of the inheritance or refuse.

It is important to remember that the documented step is unconditional and unconditional.

Contrary to this statement, ordinary citizens of the Russian Federation do not know whether it is possible to revoke a refusal before the final registration of the inheritance?

On acceptance and refusal of inheritance

The person receiving the inheritance can dispose of it at his own discretion. The legislation of the Russian Federation gives him the right to formalize the refusal in favor of other heirs (the state) or not to indicate anyone. Disputes and conflict situations related to this issue are considered in court on the basis of a statement of claim.

In what order does the court act?

• acceptance of the claim;
• opening an inheritance case;
• consideration of facts (information) that are included in official papers and presented as evidence;
• listens to testimony if necessary;
• makes a decision based on the requirements of legislative acts.

Who can neglect inheritance by filing an application:

• capable person;
• legal representative of an incapacitated person;
• lawyer representing the heir.

The legislation provides for 2 options for distributing inheritance between heirs:

• on the basis of the law. If the will written by the testator is missing or declared invalid;
• on the basis of a will. This document reflects the last will of the deceased regarding the order of distribution of his property (with the exception of mandatory shares).

The best way to enter into an inheritance by law or will is to submit an application to a notary who is in charge of the inheritance case.

The acceptance period is limited to 6 calendar months (except in certain cases). You can get your license after 180 days. This is true if there is a compelling, justified reason (for example, serious illness or prolonged stay abroad).

Is it possible to get my right back?

Current legal norms classify this procedure as an unconditional, unconditional, irrevocable transaction. This gives it a number of features:

• you cannot refuse a part;
• the right to inheritance cannot be restored without judicial intervention;
• you cannot refuse inheritance if the property is escheated (Article 1157 of the Civil Code of the Russian Federation).

Where does registration take place?

The application must be submitted to the notary office located at the location of the main property, or to the notary who opened the inheritance case.

The organizational and legal form of the institution opening the inheritance can be public or private. It does not matter.

Issues of this type are dealt with by civil servants and private notaries. A citizen can choose any option.

How to refuse an inheritance

Every citizen can voluntarily neglect his share. It is not necessary to provide reasons for this decision.

Opt-out options:

• in favor of another heir;
• in favor of the state;
• without identifying the person.

No one can condemn a person who neglects an inheritance, but legal acts make it impossible to annul this decision.

Application to court

The decision can be overturned in court. You need to submit an application to the judicial authority with a request to declare the transaction invalid.

Any transaction can be canceled on the basis of legal acts if it is declared invalid under Art. 177, 178, 179 of the Civil Code of the Russian Federation.

The most common basis for filing an application with the court is coercion under the influence of a violent nature on the part of a third party (classified under Article 179 of the Civil Code).

Another reason for the cancellation of the transaction is the adoption of a decision due to a combination of difficult circumstances in which the applicant could not give a correct assessment of his own actions.

The decision can only be overturned by the courts. Art. 1157 of the Civil Code excludes other options. When writing an application for cancellation, you must indicate that the registration is a consequence of the fraudulent actions of other persons. This must be proven documented, otherwise the judicial authority will not make a decision in favor of the applicant.

How to prove the circumstances of writing a refusal of inheritance to cancel it

To be able to appeal an application drawn up by a notary, the court must be provided with official papers confirming the fact of deception or threats. The law allows the use of witness testimony. If necessary, they will be heard in the courtroom.

Invalidation of the decision

Increased literacy in civil law matters has contributed to an increase in the number of lawsuits related to inheritance of property. Millions of Russian citizens strive to resolve such issues, defending their own interests. Documents confirming the coercion of a transaction are among the important evidence.

If the court does not receive facts indicating violations in the preparation of the document, it cannot be annulled.

Collecting documents confirming coercion is problematic. To succeed, you need to enlist the support of professionals.

Reasons for the invalidity of the transaction under Article 179 of the Civil Code of the Russian Federation:

• committed under the influence of deception, violence, threats;
• a forced step on the part of the heir due to extremely difficult circumstances for him, which a third party took advantage of by imposing unfavorable conditions, including infringement of rights.

A statement of claim to the court will provide an opportunity to declare such a transaction invalid.

Article 177 of the Civil Code recognizes a transaction as invalid when the person who concluded it was not able to make informed decisions and evaluate the actions being performed, including due to a lack of understanding of their meaning. An example is the inability to control one’s own actions due to a difficult mental state caused by a nervous breakdown due to the death of a loved one.

Is it possible to cancel a transaction after 3 (more) years after registration?

According to Article 181 of the Civil Code, which reflects the regulation of issues regarding the timing of giving, it is impossible to return the inheritance.

A transaction can be challenged by declaring it invalid (void) no later than 3 years from the date of conclusion. For voidable agreements, the period of cancellation requirements is limited to 1 year.

If the time allocated by regulatory documents for cancellation has passed, the court will neglect to consider the submitted application.

Specific features of refusal of inheritance

Refusal of inheritance is an official, legally significant procedure. It is governed by the principle of primordiality, which makes it irreversible. An heir who has neglected property once cannot regain the right to it.

Application is not allowed:

• recall;
• change;
• destroy.

You can refuse in favor of other heirs interested in receiving property, as specified in Art. 1158. GK.

In what cases is it prohibited to relinquish property in favor of other persons:

• according to the will, the inheritance is intended for a specific heir;
• property – an obligatory share of the inheritance;
• there is another recipient specified in the will (who receives the inheritance in the event of the main one’s failure).

If the inheritance is accepted before the expiration of the 6-month period, it can be rejected in accordance with Art. 1154 (until the end of the specified period). A minor or incompetent person can refuse an inheritance without providing any papers (with the consent of the guardianship and trusteeship authorities).

To avoid problems with the restoration of the right of inheritance by canceling the declaration of refusal , this decision should be carefully considered. The notary is obliged to explain all the consequences of such a step.

How to cancel a refusal of inheritance by law?

Every citizen living on the territory of Russia has the unconditional right to independently determine the fate of the inherited property entrusted to him: either accept it or refuse it.

But when making a decision on such an important issue, it is necessary to remember that it cannot subsequently be changed or canceled because it does not have retroactive legal force. But despite this, even here there are loopholes in the legislation that make it possible to cancel a refusal of inheritance if certain conditions are met.

Concept of refusal of inheritance

Inheritance is property, rights and obligations that remain after the death of a citizen.

This can be movable and immovable property, and also includes debt obligations to other persons and institutions, shares and securities and much more that he has left after life and is valuable. The inheritance is transferred to the relatives of the deceased; if there are none, then it goes to the state.

It can be transferred to the relatives of the deceased in two ways:

• in law. If the testator did not leave a will during his lifetime, in which he outlined the conditions and procedure for the transfer of his property, then it is distributed among the close relatives of the deceased in accordance with the degree of relationship.
• by will. If the testator, during his lifetime, drew up an appropriate document on the transfer of property, which he certified at a notary’s office, then his entire fortune goes to the citizens indicated in the will in the order prescribed there.

Each of the heirs has the right to dispose of the property transferred to him in accordance with his will and desires.

In order to enter into inheritance rights, a citizen must contact a notary office that handles the inheritance case. If the inheritance is transferred by will, the successor applies to the notary specified in the document.

If property is distributed among the relatives of the deceased according to the law, then it is necessary to contact the notary office at the last actual place of residence of the testator. At the same time, the office that handles the inheritance case can be public or private; there are no restrictions in the legislation regarding this issue.

If the heir has problems filling out applications on his own, he can ask a notary for help. To make a decision regarding inherited property, each of the applicants for inheritance is given a period of six months by the state. During this time, the heirs must decide on a decision and submit a corresponding application to the notary.

A claimant who has decided to renounce the inheritance has the right to do so both in favor of certain persons, and without specifying the latter, by making an absolute refusal; in addition, he can give his share to the state.

An application for refusal of inheritance may be filed by any capable and adult heir, a successor's authorized representative, or an official representative of a minor or incapacitated successor.

If controversial or conflict situations arise in the process of renouncing inheritance, the participant whose interests are affected has the right to go to court to resolve the dispute. During the trial, the judge finds out all the circumstances of the case and makes a decision in favor of the plaintiff or rejects his claim.

If there is a lack of information that will help make the correct procedural decision, the judge has the right to request additional documents or invite witnesses to testify. When making a decision, the judge is guided by regulations, as well as the evidence provided by the plaintiff and defendant.

If a citizen renounces an inheritance, and then changes his mind and wants to change his decision, then it is no longer possible to change a previously drawn up and certified application. Such a document does not have retroactive legal force.

Each of the heirs has the right to refuse the inheritance voluntarily, without indicating the reasons that served as the basis for making such a decision. In this case, the successor may refuse by transferring his share to a specific heir, or without specifying any applicant.

If the application has already been given to the notary, then it becomes an official document that has full legal force and cannot be contested or canceled. The only thing a citizen can do in this case is to file a claim with the court with a request to review the application and declare the previously executed transaction invalid.

But in order for a previously made decision to refuse to be canceled, the citizen must be provided with compelling reasons for this. He needs to prove to the court that the decision made was unlawful and infringed on his rights and interests.

The following reasons may serve as grounds for legal proceedings and cancellation of the refusal of inheritance:

• if the application was issued as a result of fraudulent actions of other persons;
• if threats, blackmail and other actions of a violent nature and threats to life and health were used against the plaintiff, which influenced the decision;
• if a citizen could not make a deliberate and rational decision due to health reasons;
• if the applicant did not account for the actions being taken at the time of refusal of the inheritance.

The plaintiff must provide a solid evidence base for any of the above points that corresponds to his situation in order for the judge to make a positive decision.

He cannot base his defense solely on his own words; certificates and supporting documents, witness statements, audio and video recordings, letters, and so on are required. The more material evidence the plaintiff has, the higher the chance of a positive decision by the judge.

The issue of inheritance has recently become more and more popular. This demand is explained by the fact that citizens have become more interested in their rights and opportunities that they have according to the laws. Growing legal literacy leads to the fact that people are trying to resolve all issues in a civilized way - through litigation and processes.

Claims in inheritance cases are a very sensitive and extremely complex issue.

The applicant must carefully consider his defense system, provide material evidence and collect all the necessary documents in order for the trial to go in his favor.

In order to recognize the refusal of inheritance as invalid, the applicant must prove that it was not voluntary, but forced.

A refusal of inheritance may be declared invalid if the following conditions are found:

• the refusal application was signed under the negative influence of third parties: threats, blackmail, violent actions against the applicant;
• if the heir had a difficult life situation, and therefore he was forced to sign a waiver;
• concealment or distortion of information about the inheritance by third parties, due to which the heir signed a refusal based on false information;
• the successor was incapacitated or partially incapacitated at the time of signing the agreement;
• the heir could not adequately assess the entire situation and perceive the information correctly, due to the deterioration of his physical or mental health.

If at least one of the conditions occurs, then the renounced heir has the right to go to court to have the renunciation application declared invalid.

It must be taken into account that each claim has a certain statute of limitations. According to the Civil Code of the Russian Federation, the statute of limitations for filing an application to cancel an application for refusal is three years from the date of signing such an application. If the deadline for filing a statement of claim is missed, the court will not consider such a case.

A sample application for cancellation of inheritance can be downloaded here.

If the application is completed correctly and notarized, then it can no longer be withdrawn; such an application can only be challenged in court. The successor has the right to choose the form of refusal: with the transfer of his share to a specific person or without specifying specific persons.

But here, too, the legislation provides for a number of restrictions, due to which the heir does not have the right to draw up a waiver application in favor of a specific person, namely:

• if the testator, during his lifetime, drew up a statement in which he divided the property among his heirs in accordance with his will. The applicant can draw up a waiver application without specifying a specific person, and his share will be distributed among all participants in the inheritance in proportion to the mention in the will.
• if this is a mandatory share of inheritance. The heir has the right only to completely refuse the obligatory share without transferring it to a specific person;
• if the testator indicated in the will a certain designated successor to the relinquished share.

In a situation where the successor accepted the inheritance within six months after the death of the testator, he has the right to change the decision and refuse it legally. If the heir did not submit an application to accept or refuse the inheritance, but used the inherited property, then he has the right to refuse the property by filing a corresponding application with the court.

In this claim, he must apply to the judicial authority to restore the deadlines for accepting the inheritance. If the court considers these reasons to be valid and justified, it will satisfy the applicant's claim.

Incapacitated and minor successors have the right to refuse the inheritance without providing official documents, if permission to do so is received from the guardianship and trusteeship authorities.

In order to correctly formalize the refusal of inheritance, you need to contact a notary office that deals with inheritance matters. There, the successor must draw up a statement of refusal and certify it, after which, if all formalities are taken into account and the application is completed in accordance with the law, the transaction is considered completed and has full legal force.

If you have questions in connection with filling out and processing the application, you can contact a notary for help. After filling out the application, the notary certifies it and registers it with a serial number.

The notary's job is not only to certify the document and check the correctness of completion, but also to ensure that there were no violations during the process of accepting or refusing the inherited share. He must carefully check all the documents, find out the reasons for the refusal, make inquiries to the necessary authorities and organizations, interview witnesses and trustees, and only after that approve the document.

To make a decision regarding inheritance, the successor is given six months, during which he can slowly decide the fate of his share, since it is almost impossible to cancel such a decision later, and even if it is possible for some legal reasons, it requires a lot of time and partly financial costs.

How to cancel a refusal of inheritance: is it possible to cancel the decision and withdraw the application?

Every person who inherits the property of a deceased relative has the right to accept it or refuse it. However, heirs often regret their actions and ask themselves: is it possible to cancel a refusal of inheritance? Let's consider what the law says about this and in what cases it is still possible to regain property for which a refusal was recklessly written.

Does the law provide for the annulment of a refusal of inheritance?

Every person has the right to refuse property that is passed on to him by inheritance. This possibility is enshrined in the Civil Code of the Russian Federation, namely in Article 157. You can exercise your right to refuse before entering into an inheritance or after it, if 6 months have not passed since the opening of the inheritance.

The conditions under which cancellation of a refusal document is possible are also prescribed in the Civil Code in articles 175-179.

Algorithm of actions

What to do if a refusal application was written, the property was transferred to other heirs, but life circumstances changed and the citizen decided to cancel his decision? According to the law, he cannot do this; compelling reasons are needed for annulment. Let's consider the procedure that needs to be taken to cancel the previous expression of will.

Find grounds for challenging the refusal

There are several conditions under which cancellation of a refusal document is possible:

• at the time of signing the application, the citizen was partially incapacitated;
• the minor signed the papers without the presence of a guardian;
• the person was under the influence of alcohol or drugs;
• the heir is an incapacitated person;
• the refusal was written under the influence of blackmail, threats or violence;
• the citizen was misled by third parties.

The reason for the refusal will have to be proven in court, and there unfounded statements will not be accepted. Every word will have to be supported by evidence. These may be medical certificates, witness statements, and other documents confirming the illegality of the refusal.

How to file a claim?

To initiate legal proceedings, the defrauded citizen or his legal representative must file a claim in the district court, which is located at the place of residence of the testator. The main document for opening a claim is a statement of claim, which is drawn up according to the agreed template.

The application is drawn up in writing in two copies, one of which is sent to the defendant. The defendant is another heir or heirs, if there are several of them.

The claim price is equal to the appraised value of the property. It is allowed to indicate an approximate price.

What other documents are needed?

In addition to the statement of claim, the following package of documents must be submitted to the court:

• heir's passport;
• passport of his legal representative, if the citizen is a minor or incompetent;
• death certificate of a relative;
• document confirming relationship.

In addition, you will need to provide documents confirming the grounds for cancellation of the refusal. Court services are subject to a state fee; a receipt for its payment will also need to be submitted along with the main package of documents. The amount of the state duty is dynamic and depends on the value of the claim.

What is the time limit for challenging a refusal?

Property proceedings, which include the case of annulment of refusal of inheritance, have a statute of limitations.

The defrauded heir or his guardian may file a claim with the court within 6 weeks from the date of signing the refusal application.

If the violation of rights did not become known immediately, for example, the fraud was revealed after several months, then the period of 6 weeks begins to count from that moment. However, this fact will also have to be proven in court.

Features of the trial

The legal process for the annulment of a refusal application is fraught with great difficulties. Firstly, it is unlikely that the remaining heirs will want to voluntarily lose part of the inheritance. They can provide equally convincing evidence that the procedure took place in accordance with legally established standards.

The second difficulty lies in the fact that the notary in whose presence the renunciation of inheritance was signed will be invited to the court as a witness.

During the renunciation procedure, the notary had to explain the consequences, ensure that the property rights of incapacitated and minor citizens were not violated, and make sure that the person renounces the property voluntarily and not under the influence of blackmail and threats.

The question arises: why did the notary not pay attention to those factors that now serve as the reason for canceling the refusal? Such a trial can significantly damage the reputation of a notary. It is quite possible that he will be on the side of the defendants and will try to convince the court that the procedure for writing a refusal application was carried out absolutely legally.

When is a refusal of inheritance invalid?

Despite the fact that in judicial practice such cases are considered extremely complex and sensitive, positive decisions also occur. The court will make a ruling in favor of the plaintiff if it is proven in court that:

• part of the hereditary base was hidden from a person;
• threatened his health and life;
• due to health reasons, the citizen did not have the right to sign papers;
• the man was in a deranged state and did not understand what was happening.

If the decision is positive, the plaintiff and defendants will have to contact the notary again. At the notary office, the inheritance base will be redistributed in accordance with the court order. After this, the heirs will need to register their ownership rights with the Rosreestr authorities.

Consequences of refusing an inheritance

After the death of a relative, a person has six months to make a decision on the future fate of the inherited property. This period should be enough to weigh the pros and cons. It is possible to refuse an inheritance in favor of a specific person, but in some cases it is impossible to transfer property to a specific citizen:

• when a will is drawn up;
• upon refusal of the obligatory share of inheritance.

Before you contact a notary's office and write an application to renounce your share of the inheritance, you should carefully consider your decision. It is easy to write a refusal, but it is almost impossible to withdraw a refusal application later.