Acceptance and Renaissance

The inheritance is a procedure that involves many nuances and subtleties; the heir does not always seek to be the owner of the estate he relies on; he may refuse to inherit at all or in favour of a particular person.

The acceptance and rejection of the inheritance are underwater stones to be dealt with.

We're taking the inheritance.

Once the death of the heir has been established, at the notary officeIn order to obtain ownership of property after the death of a close relative, the inheritance should be accepted.

This action is defined as a person ' s expression of will, indicating that he agrees to be transferred rights and obligations from the heir.

Property or other rights are transferred on the basis of the principle of kinship according to the law or in connection with the will to do so.

The process by which an inheritance is accepted is characterized by special features, and the procedure will be considered lawful in accordance with these principles.

These characteristics include:

1. The principle of voluntariness.
2. There is no need for consent if the applicant for the property is the state.
3. If there is doubt about the legality of the inheritance, the procedure is suspended.

They become his heirs on a voluntary basis.This implies that if a person does not wish to inherit rights and duties, no one can force him to do so.

Also, if it is established during the inheritance process that the deceased ' s relative does not have a legal right to own property, the acceptance procedure will be suspended.and the State becomes its owner.

There are a number of key points in the processing of inheritance rights.Accepted all remaining shares of the property owed to him.

To put it simply, it is impossible to accept only one part of the property, and the rest of the property cannot be abandoned, and the receipt of the property is not subject to any condition or reservation.

Another important point that is important to know in the implementation of the procedure.If the property is accepted by one or more persons, this does not mean that other applicants have undergone the same procedure.All those who are heirs are obliged to act independently in order to establish their inheritance rights.

Procedure

The acquisition of rights and obligations is carried out in two ways, the first of which is factual and implies that the heir has passed a number of stages to become a right.

The legislation calls for such activities to be carried out:

• Protection of real estate and other property to be inherited;
• Payment for maintenance of inheritance;
• Disbursement of credit obligations;
• The administration or possession of the estate of the heir.

Most of the actual method is used when the heir was living with the heir on the day of death; this will have to be proved by a certificate.

The second method is more reliable because it does not require further confirmation.The legal form of the heir refers to the notary and applies accordingly.The document shall be delivered in person, sent by courier or by letter with notice. If a document is sent without personal involvement, the applicant ' s signature shall be certified notarized.

The law stipulates that inheritance may be accepted for six months from the day it is made public.This period begins with the time determined by the testimonial of the testator ' s death.Sometimes the opening day is the date on which the court ' s decision to recognize a citizen as dead came into force.

Is it possible to refuse to inherit?

There are sometimes situations in which a person does not intend to inherit property; this is possible when the heir becomes not only the owner of rights but also the duty to pay the loans of a surviving relative.

BIn such situations, he has the right to refuse to accept an inheritance.More about it here..This is also considered to be an act of will and is a voluntary act; therefore, refusal cannot be committed under the influence, influence or pressure of others; the law also defines the means and time limits for relinquishing inheritance.

Two acts can be taken out of the inheritance procedure.

1. One of them is called indeterminate refusal.This is so when the person who has refused does not specify who is able to obtain his or her share of the property after him or her.
2. In the second way, it is necessary to identify the persons to whom the property will be transferred.It is important that these heirs not be deprived of the right to inherit by law.

Procedural actions

Refusal is considered to be no less problematic than acceptance.Often, malfeasance of this will leads to litigation.

It was therefore important to establish those points before the formal refusal procedure, particularly with regard to the designation of the persons in favour of whom the refusal was made.

Article 1158 of the Civil Code clearly provides for the number of heirs who have the right to obtain property upon refusal by one of the heirs.

This list includes:

• Prohibition of refusal in respect of specific persons if, according to the will, heirs have already been established;
• Not being able to waive a mandatory share;
• the heir in the will.

Absolution from the procedure of inheritance has the nature of an unconditional and irrevocable act.If a minor or an incompetent citizen waives his or her right to property, authorization from the guardianship and guardianship authorities must be obtained.

The legal method of refusal is to apply to the office by hand or by mail, and the signature of the heir is certified when sent by mail.

The law does not prohibit the filing of an application through a trusted person.However, the right to do so must be included in the power of attorney.

The heir attaches a passport to his identity, documents to confirm the relationship with the heir, a certificate of the place of registration, and the heir pays the State Department in the amount of 100 rubles.

The procedure for refusal of inheritance is six months.It is important to bear in mind that the failure to inherit during this period does not result in the abandonment of the inheritance; sometimes the heir does not make a claim because of the actual inheritance.

A written request to waive a notary ' s share is attached to the case.If there are other legal heirs, the property is distributed to them, if there is none, the property becomes public property.

Inviolability of refusal

Refusal may be declared null and void by a court of law.This is done in situations where such circumstances are proven:

• The heir was deliberately misled as to the consequences of his refusal;
• The alleged refusal has been made;
• The refusal is written by a person who has no legal capacity or by a minor;
• The refusal is expressed under pressure or violence.

If a court finds that one of the above-mentioned factors has been implemented, the refusal is unlawful.

Disputes leading to a dispute

These legal actions may be referred to as unilateral transactions, characterized by the characteristics of certainty, unconditionalness and time limits established by law.

In addition, such transactions have retroactive effect and are aimed at creating or terminating rights and obligations.

The acceptance and abandonment of inheritance are governed by the rules of civil law.This legal instrument clearly specifies the procedure for the acceptance of the inheritance, the rejection of the inheritance, and the legal consequences of these actions.

Conclusion

In conclusion, acceptance or refusal to inherit property are notary documents expressing the immediate will of the heir.

These facts have the effect or effect of legal effects on persons entitled to inheritance.

Accepting an inheritance and giving up an inheritance: the way in which the proceedings are conducted

There is a situation in each person's life in which you have to face an inheritance sooner or later. You can become both the recipient and, unfortunately, the source of the transfer of property. In order not to get into trouble, you need to know the basis of the procedure under the law.

According to article 1152 of the Civil Code of the Russian Federation, the adoption of an inheritance is understood to mean the transfer of property in the form of tangible property from the testator to the recipient; the list of heirs, the procedure, the duration of the transaction and the basic rules are specified in accordance with the law in force at the time of the opening of the inheritance.

The inheritance procedure is a one-way transaction in which the property is transferred to the hands of a certain citizen, and the list of future heirs who will receive all the valuables is determined by the owner with the assistance of a notary.

In the absence of certified documents, inheritance rights are distributed under the law of the Russian Federation.

Article 1152 stipulates that the issue of a certificate of succession must be unconditional and unconditional; any reservations or inconsistencies render documents null and void; care should be taken with regard to all the details of the procedure.

Don't be afraid to spend money consulting a competent lawyer and notary because it's quite problematic to do business without legal knowledge on your own.

Under the law, once you enter into inheritance rights, you will be granted certain rights to use property.

The procedure, rules and procedure for accepting an inheritance are clearly laid down in the legislation of the Russian Federation. There are various ways of obtaining permission to use the deceased ' s property. If you find yourself in such a legal situation, it is desirable to perform all actions with the assistance of a notary so that there is no problem with the law.

All the obligations relating to the application are clearly described in the first paragraph of article 1153 of the Civil Code. You can apply in person, through third persons (parents, friends, acquaintances) or by mail. The main point is that your signature must be certified as required by law.

Acts which indicate that you have actually accepted the inheritance are listed in article 1153.

The essence of the method is that you can, for example, pay off the debts of a deceased relative and thus declare your desire to use the property.

Your actions can be seen as a simple gesture of good will and no legal authorization will be granted, a method that is only reliable if there is no claim to ownership other than you.

No matter how you choose to accept the right to use, you have six months to do so. If you are late, the decision will be taken in court.

If you did not know about the death of a relative, you might be in doubt as to whether you had a close relationship with a deceased person.

If there are more than one heirs, your appearance after six months is grounds for invalidation under the law of the early certificates issued, followed by a redistribution of shares.

It is worth noting that the transaction will be considered valid even if you do not file a list of such citizens, which is not accepted in the case of dreary property, such as the property of a deceased person who has no heirs, which is automatically transferred to the State Treasury of the Russian Federation.

It is worth noting that the refusal is also accepted if you have already taken your inheritance; the procedure is one-time and irrevocable.

Think carefully before you take any action, because you can't change or withdraw your intentions anymore.

The right to property may be waived in favour of heirs by will or by law (arts. 1121-1148 of the Civil Code of the Russian Federation).

You cannot waive rights in favour of those who are deprived of this opportunity.

It is not permissible to give up property if a person has notarized all shares at his or her own request before his or her death; the will of the deceased must be clearly respected in the given proportions.

Otherwise, the liberty of the testator is restricted.

If you have decided to waive your statutory rights, you can only do so in favour of the persons named in the will in equal proportion.

The refusal must be complete, unconditional and unconditional, and any irregularities in the procedure may result in its being declared null and void.

It is not possible to waive the right to use objects which are recognized by the court according to the customs of a given area, and which are not objects of artistic, historical or other value, in which case the court shall order an examination and decide on such items on an individual basis.

The certificate of inheritance rights is a notary document which is issued at the place of the opening of the will and the grounds for its issuance are the application by the heir.

There are cases in which the heir, through his actual actions, has confirmed the rights of inheritance and has even provided all the documents he deems necessary to the notary or to the court, but he is still given a certificate, which can be challenged by the judicial authorities.

Refusal may be granted in such cases:

• If the deadline (six months) has expired;
• Not all documents have been submitted;
• The relationship between the deceased and the heir is not recognized.

All disputes relating to the issuance of a certificate shall be heard in a civil court.

The document shall be issued to the heir or heirs if they are several months after the opening of the will or confirmation of death.

An exception may be situations where notaries or lawyers failed to confirm or disprove the relationship between the deceased and his alleged relatives within the given time limit.

If any of the heirs fail to provide the documents within the time limit, they may be left without their share, which is contested by the civil court.

And Allah is the Knower of what is in the heavens and the earth; and Allah is the Knower of what is in the heavens and what is in the earth; and Allah is the Knower, the Wise.

In certain cases, the period may be extended to up to nine months (arts. 1154-1156 of the Civil Code), and it is not recommended that you do not act if you have the right to inherit, but must ask for legal advice in order not to lose what is required of you under the law.

And do not delay your contact with the notary and the collection of documents; the sooner you resolve all the formalities, the sooner you take over the property rights; and be sure to wait until you receive the certificate so that problems and differences with relatives and other possible heirs do not arise in the future.

Acceptance and Renaissance

Article 1152 of the Criminal Code of the Russian Federation stipulates that the heir must accept the heir in order to acquire the heir, and no heir is required in order to acquire the heir ' s property (art. 1151).

Features of inheritance:

1. The heir ' s acceptance of part of the inheritance means the acceptance of all the inheritance due to him.
2. Accepting an inheritance by one or more heirs does not mean accepting an inheritance by the remaining heirs.
3. Succession may not be assumed on condition or with reservations.
4. The adopted inheritance is recognized as belonging to the heir from the date of the opening of the inheritance.

How to accept an inheritance

Submission of the heir ' s application for acceptance of the inheritance or of the heir ' s application for a certificate of right to inheritance (notary or authorized official, at the place where the inheritance was opened).

To act as evidence of the actual acceptance of the inheritance, in particular if the heir has taken possession or control of the estate;

• Take measures to preserve inheritance property and protect it against attacks or claims by third parties;
• Has incurred the cost of maintaining the inheritance property at its own expense;
• He paid the heir ' s debts at his own expense or received the money due to the heir from third parties.

The inheritance may be accepted within six months of the day:

1. Opening of the inheritance;
2. The entry into force of the court ' s decision declaring a citizen dead;
3. the right to inherit if it arises for other persons as a result of the heir ' s refusal to inherit or the removal of the heir on the grounds established in article 1117 of the Code.

Persons for whom the right to inherit arises only as a result of the non-adherence of the other heir may accept the inheritance within three months of the end of the said period.

According to the heir who missed the deadline, the court can restore the period and recognize the heir as the heir if the heir

• did not and should not have known of the discovery of the inheritance, or
• Missed the time limit for other valid reasons (subject to six months ' recourse to the court after the reasons for the delay had expired).

Renunciation

Article 1157 of the Russian Civil Code establishes the right to renounce inheritance.

The heir has the right to refuse the inheritance within the time limit set for the acceptance of the inheritance (art. 1154), including when he has already taken the inheritance,

• in favour of others (art. 1158) or
• Without any indication of the persons in favour of whom he gives up his inheritance.

The inheritance may not be abandoned if the property is inherited.

If the heir has performed acts that indicate the actual acceptance of the inheritance (art. 1153, para. 2), the court may, upon application by the heir, declare the heir to have abandoned the inheritance and after the expiry of the prescribed period, if it finds the reasons for the delay to be valid.

Refusal to inherit cannot subsequently be changed or taken back.

Renunciationwhere the heir is

1. minor,
2. Unable to do so, or
3. A limited capable citizen,

Allowed by prior authorization of the guardianship and guardianship authority.

The heir is entitled to refuse to inherit in favour of others who are heirs to a will or heirs under the law of any line of succession that is not deprived of the inheritance (art. 1119, para. 1).

No refusal in favourof any of the said persons:

• from the estates inherited from the will, if all the estates of the testator are bequeathed to the heirs appointed by him;
• from a compulsory share in the inheritance (art. 1149);
• If the heir is appointed (art. 1121).

Refusal to inherit shall not be permitted:

1. with reservations or on condition (see, for example, the Russian Supreme Court ' s definition of 31.01.2017 N 41-GC16-42);
2. from a portion of the inheritance due to the heir.

However, if the heir is called upon to inherit part of the inheritance on several grounds at the same time (by will and by law or by means of a succession and by the opening of the inheritance and so on), he is entitled to waive the inheritance due to him on one of these grounds, on several of them or on all grounds.

Decision No. 50 of 25 December 2018 of the Plenary of the Supreme Court of the Russian Federation on the practice of the courts in challenging normative legal acts and acts clarifying legislation and having normative characteristics

Decision No. 49 of 25 December 2018 of the Plenary of the Supreme Court of the Russian Federation on certain questions relating to the application of the general provisions of the Civil Code of the Russian Federation on the conclusion and interpretation of a treaty

Decision No. 48 of 25 December 2018 of the Plenum of the Supreme Court of the Russian Federation on certain issues relating to the formation and distribution of the competitive mass in cases of bankruptcy of citizens

Decision No. 46 of 25 December 2018 of the Plenary of the Supreme Court of the Russian Federation on Certain Questions of Judicial Practice in Cases of Crimes against the Constitutional Rights and Freedoms of Man and Citizens (arts. 137, 138, 138.1, 139, 144.1, 145, 145.1 of the Criminal Code of the Russian Federation)

Decision No. 41 of 29 November 2018 of the plenary of the Russian Federation on judicial practice in criminal cases concerning violations of labour protection requirements, safety regulations in the conduct of construction or other work, or industrial safety requirements of hazardous production facilities

According to the Federal Act of 28.11.2018 N 451-FZ on the amendment of certain legislative acts of the Russian Federation, the procedure for the resolution of civil and administrative cases in the courts has been reviewed (from the beginning of the activities of the ordinary courts of cassation and the ordinary courts of appeal, but no later than 1 October 2023).

Renunciation

The right to inherit property or a portion thereof is lawful for the testator.take their share or refusefrom her, but exclusivelyTotal.

Refusal may be effectedonce(art. 1157, para. 3, of the Civil Code of the Russian Federation) It is worth considering whether to take such a step, since it will not be possible to change the situation and bring it back as it was.

Cannot be fulfilledElimination of mandatory share(art. 1149) A minor child or a disabled person may not reject his or her part without the participation of a guardian, parent or guardianship authorities (art. 1157, para. 4).

The latter are obliged to do their utmost to ensure that the interests of a minor or a disabled person are not affected.

A refusal transaction is a unilateral transaction.is not equal to non-adherenceAlthough the concepts are very similar, if the heir refuses, he must act actively (to file an application), if he does not accept it, he must act passively enough.

Property is deemed to be owned by the final recipientSince the opening of the inheritanceregardless of the day when the rejected heir decided to formalize his actions and transfer his rights to another successor.

It is not possible to give up an uninherited inheritance.

Right to renounce the heir ' s inheritance

A waiver may be made or agreed upon with the other heirs within a period of time determined by law for the purpose of accepting a portion of the waiver:6 monthsAfter the date on which the inheritance was discovered (art. 1157, para. 2, art. 1154 of the Criminal Code of the Russian Federation), it is possible to give up part of the inheritance even if the property actually inherited has already been accepted.

Might be full.Refusal to inherit under the law, excluding mandatory share(art. 1149 of the Code of Criminal Procedure) A minor child or a disabled person may not reject his or her part without the participation of a guardian (art. 1157, para. 4 of the Code of Criminal Procedure).

Refusal to inherit by willallowed, except in one case: where all property, without exception, is bequeathed to specific persons designated by the testator.

According to articles 1157-1158 of the Russian Civil Code, the heir has the possibility of giving up his part.in favour of another personbut only the incoming one.to be a successor to the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991with or without a name.

If the successor who refuses to do so is in willNominatedHe may not choose the recipient of his part as he wishes (art. 1158, art. 1121) of the Russian Criminal Code.

Refusal to some part of the inheritanceis not possible. Exceptions are circumstances in which the heir is called simultaneously on several grounds (art. 1158, para. 3) of the Criminal Code of the Russian Federation.

Methods of Refusal

Refusal of property that has been bequeathed or received by law as an inheritance is considered a form of inheritance, as it expresses the will of the recipient (the new owner) in respect of his share.Formally contacting a notary(article 1153 of the Russian Civil Code).

Refusal may only be accepted by a notary employee or a will-perpetratorat the place where the inheritance is opened.

In the application, the rejected person mayby nameto list the persons from the list of heirs to which he is subject, but may not do so.

The application can be submitted by hand and sent by post (then the signature of the rejected heir is certified by another notary at the place of signature).

For such purposes, it is permitted to appointTrust personThe power of attorney should make it clear that the representative has the right to waive the part placed on the heir.

If the heir has bequeathed part of his property to one of the successors, providedRefusalIn favour of another person (art. 1137), the recipient has the right to refuse the services, obligations, things, etc. (art. 1160 of the Russian Civil Code).

Inflation of inheritance shares

Inherited inheritance shares mayIncreaseIf any of the heirs refuse to accept their portion without the indication of the recipient, or are unable to inherit for certain reasons, the procedure for applying the shares is laid down in article 1161 of the Code of Criminal Procedure.

In inheritance under the law, only the shares of persons growpriority- That's the one that's supposed to inherit.

And if a person bequest all the property of an heir, then if one of them disbelieves, his share shall be increased.

Example

The father and mother of the O. brothers lived separately in their apartment, and after her mother ' s death, her adult children, who had been provided with housing, decided to write down their shares, with the expectation that their father would receive the parent ' s flat alone.

A few weeks later, it became clear that the parents had been divorced for several years at the time of the woman ' s death, and her ex-husband could not be her heir.

The lawyer advised the brothers not to file a lawsuit for the restoration of the time limit, but for the recognition of the sons by the heirs who took the property (they had proof of the cost of the apartment); in fact, the notary could not accept an application for refusal without checking the documents confirming the family ties.

If the property could not be recovered for some reason, the lawyer advised the clients to recover the market value of their shares of the flat with a notary employee, and before doing so, to carry out the valuation of the property, the results of which should be added to the case file.

Conclusion

• It is undeniable that the person who inherited the inheritance has the right to refuse.
• It's possible to give up inherited property.apply to notaryThe names of other heirs who will receive the property may be included in the text but may not be included.
• The said or all of the successors will receive the so-called heirloom.a share increase.
• Refusal may be granted to the heirs by law or by will.
• In general, part of the inheritance cannot be abandoned; partial waiver is only possible when the heir receives part of the estate of the heir on several grounds.
• You can't say no.from the compulsory share, as well as in favour of the person deprived of the right to inherit and the heir of the inappropriate circle.

Question

My aunt died eight years ago and left the apartment to me and to the other heir, her grandson, immediately abandoned the inheritance in my favour, a couple of years later he died, and now his wife wants to challenge the written refusal.

She's gonna sue and insist that her ex-husband was drugged at the time she signed the paper.

First of all, the statute of limitations has expired.

Secondly, it's not the fact that she can prove a man's addiction to drugs.

Is there any record of this? Has he registered with a drug addict? If she gets a postmortem psychological examination (which is difficult to do), it will depend on the judge's decision. It's not easy to predict how this will end.

Question

Could he send a document to the house by mail?

The important thing is that his signature is certified by a notary, and then you can send a refusal statement by post to the place where the inheritance case was opened.

Or we could send you to take you to the city where this house is.

Acceptance and abandonment of inheritance: timing, procedures

The acceptance of the inheritance and the rejection of the inheritance under Russian civil law belong to the basic rights of the heir.

A person who is entitled to property rights is given six months to decide whether or not he will take them.

In both cases, declarations are drawn up and both procedures are regulated by the HC and have their own characteristics and limitations.

Before deciding what to do with property, you should study it so that you don't get caught in unexpected situations, for example, a person who gives up the estate will not be able to bring it back.

Full, partial acceptance and abandonment of inheritance under the Russian Civil Code

The acceptance of property is regulated by article 1152 of the Civil Code. The succession in the Russian Federation implies the transfer of property from the heir to the heir after the death of the first heir. Acceptance of the inheritance and rejection of the inheritance is the will of the person he must indicate in the application.

The procedure in question is one-sided, so the heir, in determining the fate of the property, does not need to seek permission from anyone unless a decision is made in favour of another.

It's important.:: The exception is the transfer of property to a minor; in such a situation, the transaction will be carried out by his or her representatives (parents or guardians), and it is not possible to abandon the inheritance of the minor he or she without the permission of the guardianship authorities; such a restriction is necessary to protect the rights of the child.

It is possible to inherit part of the inheritance, and to inherit is a universal order, which means that the human being either accepts the inheritance due to him or renounces it in its entirety.

The question becomes relevant when the heir has left behind not only property rights but also debts; the latter may be equal to the total value of the estate and therefore there is no point in accepting the inheritance.

It is impossible for a person to give up his debts and take possession of his property.

The standard way of accepting the inheritance mass is to apply to a notary office. It must specify:

• Data on the person claiming property;
• Information on the inheritance mass;
• Your will to accept it;
• Data on the will, if available.

There is also another way of accepting property – actually, in this situation, a person may not turn to a notary.

This method of acceptance is not the most advantageous, as the rights of the heir to the property may be challenged after six months.

When an inheritance is actually accepted, the person must use the property and act to preserve it, which may include:

• Utilities charges,
• Living in an apartment.

Decision to accept property and issue a certificate of heir ' s rights

The final acceptance of the property takes place when the person has received a certificate of inheritance rights, after the notary has been given an application from the heir and the corresponding package of documents, and the certificate is obtained from a notary office in which the inheritance is made public.

However, often the receipt of a document cannot be considered the last chord to acquire property; if it is real property or a car, the property must be registered in accordance with the established procedure; what happens if the heir inherits but does not have a title, read here.

If a person actually inherits the inheritance, he can also obtain a certificate, which requires a notary, and a statement must be made with him, as well as documentary evidence of the actual disposition of the estate, and we have described the manner and means of accepting the inheritance in the preceding article.

It is impossible for a person to give up his debts and take possession of his property.

How can we give up the inheritance?

It is not lawful for a person to give up his property rights under the law, nor is it lawful for a person to give up his will.

However, there are exceptions: the time limits are allowed to be restored through the courts in the event that a person actually inherits without giving an application to the notary.

In order for a court to take a positive decision, a person must have a valid reason for breaking the time limit, which cannot be attributed to a lack of knowledge of the time granted by law.

Respectable reasons include:

• Long-term travel;
• Severe illness;
• Long-term stay in health facilities.

You can refuse in favour of others. They must be part of any form of inheritance. You can't refuse a person who has been declared unworthy. Any form of refusal makes a declaration. It states:

• Information on the applicant;
• Data on inheritance;
• Data on the person to whom the property is transferred if the refusal is made for someone ' s benefit;
• Your will to refuse.

If, after taking the inheritance, it can be abandoned within the prescribed time, then it is an irrevocable procedure; a person must realize that he will not be able to recover his property.

Another limitation is the inability to give up property rights in favour of another person if they are part of a compulsory share.

What would happen if a person did not turn to a notary — the rejection of property?

There are situations in which the heir has neither accepted nor abandoned the inheritance.

• If he wishes to accept it, he must make a statement to the notary. If the deadline for accepting the property is missed, it can be restored; however, such restoration is possible only through a judicial procedure. The heir will be required to confirm the valid reasons that prevented the procedure from being carried out on time.
• If a person does not want to take property, he loses his right to property after six months.

In the first case, the person does not turn to the notary, and in the second, he writes a declaration of refusal. If the refusal is made, the decision will be irrevocable.

Refusal may be granted in favour of others.

If a person does not turn to a notary within a given time frame, they can be restored through a court of law. Failure to accept an inheritance is a procedure in which the heir does not have to do anything, and the person has the right to do so.

Accepting an inheritance and giving it up are procedures that have a lot in common, both of which require making a declaration, giving it to a notary, but transactions are very different in their consequences.

Renunciation

Since the inheritance is a right and not an obligation of the heir, he may refuse to accept the inheritance (art. 1157 of the Civil Code).

Like taking an inheritance,Renunciation is a unilateral transactionwhich depends on the will of only one party, the heir.

Principles on which the legal regulation of relinquishment of inheritance is based by the law in force:

• Refusal of inheritance may not be altered or taken back (GC, art. 1157, para. 3) because, under general rules, a unilateral change or termination of a transaction is not permitted (but, like any transaction, it may be declared null and void);
• Unconditional and unconditional - No waiver may be granted on condition or with reservations (art. 1158, para. 2, para. 2 of the Civil Code);
• Universality: No part of the inheritance may be abandoned; partial waiver is considered to be a waiver of the entire inheritance (article 1158 (3) of the Civil Code).

In accordance with article 1, paragraph 2, of the Code of Criminal Procedure, any heir may refuse to inherit, except in the case of the State, since it is not permissible to refuse to inherit in respect of a dead person; moreover, in addition to the general rules on the conclusion of transactions by a person who is legally incapable and not fully capable, article 1157, paragraph 4, of the Code of Criminal Procedure establishes a rule according to which only with the prior consent of the guardianship and guardianship authority may the inheritance of a minor (i.e. his or her legal capacity) be waived.

Including an emancipated and married person) who is incapable and has limited legal capacity.

The heir retains the right to give up his inheritance even if he has already taken the inheritance, regardless of the manner in which the acceptance was carried out, either legally or in fact.

Refusal to inherit must, as a general rule, be made within the time limit for acceptance of the inheritanceThe passage of such a period would entail the termination of the right to renounce the inheritance.

An exception to this general rule is provided for in article 1157, paragraph 2, paragraph 2, of the Civil Code, according to which the right to relinquish the inheritance may be exercised by the heir at any time, even after the expiry of the period for acceptance of the inheritance, if the following conditions are met in aggregate:

• The heir filed an application to the court to declare that he had abandoned his inheritance;
• During the period for the acceptance of the inheritance, the actual acceptance took place (i.e. the heir did not apply to the notary in accordance with the established procedure for the acceptance of the inheritance);
• The court found that the reasons for the delay were respected.

The law distinguishes between two types of refusal to inherit, in favour of others (direct waiver) and without identifying persons (general, abstract waiver).

Total waiverAnd if you do not have a share in the inheritance, then if you do not have a share in the inheritance, then you will not have a share in it; and if you do not have a share in it, then you will have a share in it; and if you do not have a share in it, then you will have a share in it; and if you do not have a share in it; and if you do not have a share in it, then you will have a share in it; and if you do not have a share in it, then you will have a share in it; and if you do not have a share in it, then you will have a share in it; and if you do not have a share in it, then you will have a share in it; and if you do not have a share in it; indeed Allah is Knowing, Wise.

Thus, the general abandonment of inheritance is only one of the grounds for the recovery of inheritance shares.

And if there is no bequest, the share of the heir shall be passed to the other heir according to the law, and if there is no bequest, then the share of the heir shall be passed to the other heir in proportion to the share of the heir.

If a will has been made by the heir, but only a portion of the inheritance has been bequeathed, and the heir has been abandoned by the will, then his share shall be passed to those who are called by the law, in proportion to their share of the inheritance which has not been bequeathed.

If all property has been bequeathed after a bequest, the portion of the heir that has refused shall pass to the rest of the heir after a bequest, in proportion to the inheritance due to them, unless the bequest provides for a different distribution of that portion of the inheritance.

It is not lawful for you to make a bequest over a bequest, except in the case of a bequest, and if you have a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest.

The inheritance share shall not be applied if the testator is named in the will and also in the case of the inheritance transmission.

Refusal directedfrom the inheritance is different from the general fact that the heir indicates a person in whose favour he renounces the inheritance; such a person is entitled to exercise the right to inherit.

The inheritance of the heir is restricted by law, and only the heirs of the heir by will or by the law of any line (including by submission and inheritance transmission) are not deprived of the inheritance, and the heir is not bound by the order of succession established by law.

If a refusal is directed, the inheritance shall not be increased, as in the case of a general refusal, and the share of the rejected heir shall be passed to the person he indicates; therefore, the law provides for a substantial list of restrictions in the case of a direct rejection of the inheritance.

If a general waiver is prohibited on only one basis — in the case of the inheritance of the dredging property — there is much more to the intended refusal of such grounds.The heir is deprived of the right to identify the person in whose favour he refuses to inherit in the following cases:

And if he giveth up his share of the inheritance, then the heir's share shall in this case pass to the heir of the bequest.

• If another heir has been appointed to him in the event of the heir ' s failure to make a will;
• If all property is bequeathed by the heir to the appointed heirs;
• If he inherits the morbid property.

In addition,It is prohibited to refuse to inherit in favour of persons who:

• is not the heir to the heir;
• The right to inherit is denied by the heir, as expressly stated in the will;
• - They gave up their inheritance;
• In favour of unworthy heirs.

Refusal to inherit, as well as acceptance, can be carried out in two main ways: formal and actual.

The de facto abandonment of the inheritance is not expressly provided for in the legislation in force; however, historically, the heir has the right to choose the method of relinquishing the inheritance by means of active action or passive conduct.

As a result, in practice, there are often cases of de facto abandonment of the inheritance, which is reflected in a lack of action indicating acceptance of the inheritance.

If the heir has not accepted it by any means within the time limit for the acceptance of the inheritance, he shall be deemed to have abandoned the inheritance.

The formal method of relinquishing the inheritance is to submit a written application to the notary or an official authorized to issue a certificate of right to inherit at the place where the inheritance was opened, and article 1159 of the Civil Code sets out three ways of formally relinquishing the inheritance:

• Personal application by the heir;
• Application by another person or by post (in which case the heir ' s signature must be certified in the manner prescribed in article 1153, paragraph 2, of the Civil Code);
• Application by the heir ' s representative (in which case the power of the representative to refuse should be expressly provided for in the power of attorney; the legal representative does not need a power of attorney).

A declaration of refusal to inherit shall be made in accordance with the rules for the processing of transactions by notaries, with identification and verification of capacity.

The application is registered in the book of records of inheritance cases and is the basis for an inheritance case (even if the notary had not received any applications for inheritance at that time).

The absence of actual succession action and the failure to apply for inheritance within the time limit for the acceptance of the inheritance indicate the rejection of the inheritance.

An exception to this rule is the case where the heir is a minor or other person whose inheritance cannot be abandoned without the prior consent of the guardianship and guardianship authorities.

If his legal representatives, without agreement with the guardianship and guardianship authority, have not filed an application for inheritance on behalf of a minor or other person within a period of time, the refusal may not be recognized as lawful; in such a situation, the rights of the minor may be protected, for example, by applying for an extension of the period for acceptance of the inheritance.

Refusal to inherit may be waived not only by the heir, but also by virtue of article 1160 of the Code of Civil Procedure, the refusal of the consignee (legator) may refuse to receive the testator ' s bequest and the refusal of the testator ' s bequest must be unconditional and unconditional.

The refusal of the Legate cannot be directed, i.e. it cannot give up its right to receive a testator ' s testator ' s refusal; pursuant to article 1137 (4) of the Civil Code, the right to receive a testator ' s refusal is valid for three years from the date of the opening of the inheritance and does not pass to other persons; therefore, the right to refuse the testator ' s refusal may also be exercised within a given period.