Acceptance of inheritance under condition or with reservations

In our last article, we discussed the primary heirs by law and the order of inheritance in general. Today we invite you to learn about accepting an inheritance under conditions or with reservations.

Many people think that the death of the testator is the only condition for inheritance. However, this is not always the case. To receive the property of the deceased, the heirs are required to express their desire to accept it.

That is, in fact, these citizens agree to carry out the inheritance procedure in accordance with the existing legislation of the Russian Federation.

At the same time, every person in such a situation has the right to choose - he can not only accept the inheritance, but also refuse it if he does not have the ability or desire to fulfill the obligations of the testator.

According to our practice, when faced with such problems, heirs express their refusal, not suspecting that they can accept the inheritance with reservations on their own terms.

On accepting inheritance in the Russian Federation

Acceptance of inheritance in jurisprudence is a procedure whose aspects and nuances are clearly regulated by the Civil Code of the Russian Federation, namely Chapter 64. Moreover, according to Article 1110 of the Civil Code, this procedure presupposes full legal succession. That is, all the property of a citizen passes after his death to his heirs unchanged, in full.

Simply put, this means that all hereditary responsibilities, together with rights to property, pass to the heir in full, without the possibility of renouncing any of its parts. If the heir accepts one object acting as a share of the inheritance, he accepts the entire part of the inheritance due to him, as well as the obligations and rights that are associated with it.

For example, such a person cannot inherit only the testator’s apartment and express his refusal of the unpaid mortgage on this property.

The only exception to the rule, perhaps, is the situation when the heir has the right of inheritance both by will and by law. In this case, the citizen has the right to choose between parts of the inheritance, choosing one of them and refusing the other.

As you can see, each heir, having learned about the inheritance due to him, must choose :

1. refuse inheritance;
2. accept inherited property.

When several heirs are called to inherit at once, each of them will have to make their own choice. Thus, the acceptance of part of the inheritance by one heir does not mean that the remaining heirs will make the same choice.

For reflection and expression of such a choice, Russian legislation has established a six-month period. At this time, applicants for property must submit a corresponding application to the notary. It should be clear from the contents of the document: does the citizen want to inherit property or not?

You can accept an inheritance under a condition with reservations

However, quite often, the desired material benefits are burdened with obligations of the former owner that are very difficult to fulfill immediately.

The natural desire of the heir is to accept only part of the inheritance, abandoning the unwanted share. Are there any solutions to this issue in Russian legislation?

Let us immediately note that the position of the laws in this case is unambiguous and strict.

Thus, according to the provisions and norms described in Article 1152 of the Civil Code of the Russian Federation, inheritance with reservations is not allowed in Russia.

At the same time, one cannot set conditions when accepting or refusing property. By accepting part of the inheritance, a citizen automatically agrees to accept his share in full.

What is a clause and condition

A condition is a requirement on the strict fulfillment of which the future development of events depends. A disclaimer is usually called a remark or a short significant addition to something.

For example, if a potential heir declares that he is ready to accept an inheritance if it is given to him without existing debts, then this can be regarded as acceptance of an inheritance under a condition. In another case, the heir expresses a desire to accept only part of the inheritance or become its owner on a certain date. This is the same disclaimer.

However, according to existing legislation, heirs do not have the right to declare reservations or impose conditions when entering into inheritance rights.

For example, the testator may include the following in the contents of the “last will”:

• transfer of a certain part or all of the property to the person specified in the document;
• making regular payments or a one-time payment to the heir;
• provision of a service (for example, provision of an inheritance subject to payment of bills to another person, etc.);
• performing work (for example, keeping pets or carrying out repairs on a bequeathed house, etc.).

What should an heir do if, according to the will, unfavorable conditions are imposed on him? All that remains is to think carefully about all the pros and cons, and then accept or refuse the inheritance. Unfortunately, there is no other option.

Is it possible to legally renounce inherited duties and rights?

We remind you that accepting an inheritance is not an obligation, but a right of the heir. And this, in turn, means that you are not at all obliged to burden yourself with difficult unfavorable circumstances and inappropriate rights.

At the same time, an heir who decides to renounce his share can do this in two ways:

1. ignore the inheritance procedure;
2. submit a corresponding application for refusal to the notary's office.

The second method is considered a direct indication of the legislation of the Russian Federation. To implement it, the heir needs:

Complete a correctly written application, indicating in its content all the important data about yourself and the testator (full name, address, telephone number, etc.) and expressing in it your refusal of the inheritance, which can be executed either in favor of a certain person or to no one (the so-called absolute refusal of inheritance).

As a rule, the notary himself helps to draw up and execute this document, so mistakes are excluded.

Lawyers do not recommend using the first method, but this method is increasingly being chosen by our fellow citizens who are not interested in accepting inherited property.

So, after the heir does not appear before the notary within the six-month period of entry into the rights of inheritance, his right by law passes to the heirs of the next priority.

If there are none, then the property is considered escheated and becomes state property.

As you can see, everything is extremely simple. But the inaction described above is highly undesirable . Firstly, due to the fact that you are delaying the inheritance process itself, and secondly, quite often on this basis disputes and claims arise from creditors who may try to resolve the issue in court.

It may also happen that the inactive heir dies before the end of the established period for entering into the inheritance and all unwanted responsibilities will be transferred to his close relatives (the so-called hereditary transmission).

In addition, the heir cannot refuse property if he has already accepted it formally or in fact. You can't change your mind.

Is accepting an inheritance subject to conditions or reservations allowed?

When an inheritance is opened, persons who are called to inherit have the right to accept the inheritance or the right of inheritance.

The essence of this right implies that it gives citizens who are called to inherit the property of the deceased the opportunity to choose to accept or refuse the inheritance.

The person in whose favor the property is entrusted by the testator is obliged to accept it. This procedure is a set of actions by the heir, due to which he has powers regarding the property transferred to him.

Regarding the acceptance of inherited property, the heir has the right to do one of the following:

• Agree to accept the inheritance;
• Express renunciation of inherited property.

In order to properly carry out the acceptance of property, current legislation establishes a limited period of time. This period is 6 months.

The rules of inheritance law define a special algorithm for accepting an inheritance, and also regulate other aspects of this process.

Is there an option to accept an inheritance upon fulfillment of a certain clause or condition?

The person who is determined as the heir must decide whether he accepts the inheritance or refuses it. There is no other option for the development of events.

This provision means that the heir cannot accept only one or several specific things, and he can refuse the rest.

As an exception to this rule, there are circumstances in which the transfer of property in favor of the heir is due on two grounds at once, namely by will and law.

If the heir has several reasons according to which he is called to inherit, he personally determines the option for prioritizing, however, without going beyond the law.

Accepting an inheritance with reservations or under any condition is unacceptable. This fact is directly stated in the provisions of the Civil Code of the Russian Federation. In addition, acceptance of an inheritance in this way cannot be permitted by a notary.

The concept of a reservation is defined as a remark or an addition. The concept of condition defines a nuance on the presence of which the development of events in the future depends.

To accept the property, this expression of will must be recorded in writing. If such a document indicates the desire to accept the property in the absence of debts of the testator, then such a decision of the heir can be regarded as establishing conditions.

If a written document contains a declaration of will on the acceptance of property simultaneously with the achievement of a certain age, or there is data on the acceptance of only a certain share of the property, in such a situation, the acceptance of the inheritance has the form of acceptance with a reservation.

Considering the above facts, we can conclude that the heir does not have the right to set his own conditions, therefore no one has the obligation to fulfill the conditions set by him.

Likewise, the heir should not adapt to the conditions set by anyone. To choose the method of accepting or refusing an inheritance, the heir must be guided only by his own will.

According to Article 1152 of the Civil Code of the Russian Federation, it is provided that an accepted inheritance is relevant to the heir, starting from the moment of its opening, regardless of when the property was actually accepted by the heir.

Is it permissible to accept an inheritance under a condition? The answer to this question is categorical and negative.

Methods for accepting inheritance are divided into two types:

• Formal look;
• Informal look.

The formal method of accepting an inheritance is characterized by compliance with the following algorithm of actions:

• Visiting a notary and submitting the appropriate application to accept the inheritance;
• Submitting an application for a certificate.

The application is usually submitted independently, however, it can also be submitted through a representative.

He must act strictly by power of attorney, the text of which must define the authority to accept the inheritance.

The notary at the place of opening of the inheritance is obliged to accept this application. The entire volume of incoming documents must be registered in a separate book with a notary, through which records of all inheritance matters are kept.

After submitting the application, an inheritance case is opened for a specific person. Each document must indicate the date it was received. It is certified by a notary.

The informal method of accepting inherited property is characterized by the actions of a citizen, which clearly indicate the desire to accept the inheritance and the actual acceptance of it.

With these actions, it is unacceptable to accept an inheritance with any condition. The list of actions that indicate the actual acceptance of an inheritance is reflected in the norms of civil legislation, however, it is not exhaustive.

This fact makes it possible for judicial authorities to determine other actions as evidence of a desire to inherit.

Will: is it permissible to accept an inheritance under conditions or with reservations?

Making a will is not an easy task. A citizen can own various property and non-property objects, ranging from an apartment to bank deposits. The more difficult it is to divide them, the more responsibilities the successors have to receive an inheritance.

But not all citizens know whether it is possible to make a will with a condition, and not all heirs understand whether accepting an inheritance under a condition or with reservations is allowed. If the will is drawn up with certain requirements, as provided for by the Civil Code of the Russian Federation, then this will help the testator dispose of his property more fairly.

What is acceptance of inheritance

Receiving an inheritance under a will differs from the same procedure under the law by the peculiarity of the document. The owner writes the will himself, so the procedure for inheritance and distribution of shares differs from the legal rules. The testator has the right:

1. Dispose of your property independently, divide it into equal or unequal shares, transfer everything to one successor or choose several heirs at once, etc.
2. Select successors. According to a will, the rights of an heir can be vested not only in relatives, but also in strangers, animals, or even entire organizations. The owner may, after some time, not recognize the heir and exclude him from the document or, conversely, add more applicants.
3. Draw up a will with an encumbrance. This type of document implies an order of the testator, which the applicant for the inheritance will have to carry out in order to receive his share.

The last point is still rarely used in practice, since its important component is not only the fulfillment by the heir of the inheritance obligation, but also the impossibility of limiting the freedom of action of the successor by the will maker. Agreements that require the heir to fulfill legal conditions are allowed with conditions or reservations. These terms of the will should not force the successor to do anything.

For example, a will with the condition of lifelong residence of a citizen in an apartment that was inherited by the successor will be recognized as valid. And the will, which obliges the heir to tie the knot with this citizen, is annulled.

Otherwise, the procedure for obtaining inheritance under a will does not differ from the legal procedure. The successor is given a six-month period to register the succession to an apartment, house or other property.

This procedure is carried out by a notary at the place where the paper is opened. If there are conditions in the testamentary document, the executor, appointed in advance by the testator, can oversee the distribution of the property estate.

Is it permissible to accept an inheritance under a condition with reservations?

Article 1152 of the Civil Code of the Russian Federation, when drawing up a testamentary disposition with a condition, provides for a number of rules established for the corresponding requirements of the owner. However, they are limited only by the legality and the impossibility of violating the personal freedom of the successor. Otherwise, the testator is free to put forward any conditions and establish obligations for accepting the inheritance share.

Acceptance of an inheritance under a condition can be of a property or non-property nature, be permanent or limited in time, and apply to all or one successor. After opening the inheritance, the notary informs the successors about the conditions that the testator set in order to receive a certain share of the inheritance.

What are conditions or reservations?

A document that contains requirements for heirs is called a will with a condition or an encumbrance in legal practice. A conditional will is a document that requires the successor to do something.

Most often, this is the obligation to register another relative in the inherited apartment, to arrange a job for a citizen, etc.

If the requirements provide for the transfer of part of the property or financial estate to another person, then such a document is a testamentary refusal.

Reservations should not be specified, leaving no freedom for the applicant.

For example, the testator cannot make a will under the condition that the successor must marry at a certain age or move to the city that the testator has chosen for him.

How to waive inherited rights and obligations

The successor has the right to agree to accept the inheritance in accordance with the testamentary requirements. But he has the right to renounce inherited rights and thus avoid fulfilling the requirements. If the testator’s demands concerned other citizens, then they may demand in court to force the heir to fulfill testamentary duties, since in the event of his refusal, their rights are violated.

In the case when inheritance is carried out by a successor who is obliged to take care of another citizen or to share the inheritance with him, he can enter into an agreement with this citizen. Third parties, for example, may agree to accept monetary compensation instead of the required property share. In this way, the successor will avoid his responsibilities.

Heirs also have the opportunity to refuse to fulfill the obligations of accepting the inheritance, but retain their share. To do this, they need to prove that the testator’s requirements limit their personal freedom.

A testamentary document, which is intended to divide an inheritance under certain conditions, may be completely invalidated if drawn up with gross violations.

In such cases, the testator's claims are also considered invalid.

Acceptance of inheritance under condition or with reservations

The death of a relative is not the sole basis for inheriting the property remaining after death. To become the owner of the deceased's property, applicants for the inheritance need to go through the process of accepting it. To do this, you need to go through a procedure on a voluntary basis, regulated by Russian legislation.

By carrying out the process of entering into inheritance rights, applicants for inheritance thereby confirm their desire to assume the property rights and responsibilities of the deceased. However, the process also has another side - you can write a waiver of inheritance rights at your own request or due to the inability to fulfill the assigned duties.

In the situation of entering into an inheritance, a problematic task may arise - is it possible to accept property with reservations or under any conditions? Let's look into this problem.

Acceptance of inherited property is a process that is regulated by civil law. According to the requirements of the law, all property of the deceased is transferred to the heirs only once, in full and without changing content.

Important: In fact, this means that all inheritance rights and obligations (and if property is divided in shares, then within the boundaries of each part of the inheritance) are transferred to the heir without the right to choose specific property and in full. In other words, you won’t be able to just get a car and an apartment, but give up an unfinished house. You must enter into inheritance rights for each property of the deceased - real estate, movable property, mortgages, loans, and the like.

The only exception can be only if there is a will from the testator. In this case, the heir can enter into inheritance under a will or civil law (one of them), under a will and civil law (that is, two grounds) or not at all.

It turns out that with the death of the testator, the heir is faced with a choice - to enter into the inheritance or refuse it.

At first glance, it may seem that entering into an inheritance is an easy process that does not require additional knowledge and costs. But there are situations when property is burdened with some unwanted nuances or obligations.

For example, the testator was left with real estate and an impressive bank loan. It is logical that the heir wants to receive the apartment, but pay debts for the deceased.

This is where the dilemma arises - is it possible to step into part of the inheritance rights, giving up the other? Are any ultimatums or notes allowed by law?

This question can be answered clearly and definitely. The Civil Code establishes that entry into inheritance rights with a reservation is not allowed. Setting ultimatums to which the heir agrees is not permitted. All property and obligations from the testator are transferred to the heirs inseparably and in full.

Disclaimers are additional explanations or notes to what has been said.

Conditions are circumstances on the presence of which the occurrence and development of an event depend.

Example: If the heir agrees to enter into the property rights of the deceased, except for loan obligations at the bank, then this is an acceptance of the inheritance with a condition. If the testator agrees to accept a specific share or object, then this is called a reservation.

According to the law, both examples are impossible. You cannot enter into inheritance rights under certain circumstances or additions.

On the other hand, you should pay attention to an important point. The testator can provide circumstances or additions in accordance with which the inheritance will be pleasant. Why is a will drawn up?

That is, the testator personally disposes of the property after his death.

Reservations or conditions may be:

1. Performing certain works (installation work in housing, caring for plants, keeping pets, etc.).
2. Provision of services (for example, payment of utility bills for a specified person, taking into account the right to live in an apartment, etc.).
3. Make a one-time payment or payment.
4. Transfer part of the property to another person, etc.

If the will imposes unfavorable obligations on you, you can either renounce all property rights or enter into. There are no other options.

Taking over property rights upon the death of the testator is not the responsibility of the heir. The law does not oblige a person to accept the property of the deceased. In this case, the heir without claims to the property must renounce inheritance rights within six months.

This can be done in two ways:

• Writing an application for refusal at a notary office.
• There is no way to claim inheritance.

The first option is regulated by civil law. You require:

• Draw up an application containing information - full name, place of registration, information about the notary's office, information about the deceased (full name, date of death, place of last registration, identity of the deceased). Next, a text is generated about the renunciation of property (in full or in favor of another person), the date for drawing up the application and signature.
• Submit an application to the notary office where the property case is opened. You can visit the office in person, or send a letter by mail or with the help of a trusted representative. In the latter case, the applicant must certify his signature.

The second option is not established by law and has no references to regulations. But this method is implicitly based on other laws.

If you are not interested in receiving property after the death of the deceased, then you do not need to take any action. The absence of the heir from the notary within six months with an application for acceptance or refusal does not entail legal consequences. Property rights are transferred to the subsequent applicants, and if they are absent, the property goes to the state.

It would seem that what is so difficult here? In such a situation, doing nothing is not recommended. Firstly, the procedure for acquiring ownership will be delayed.

Secondly, conflicts and disputes may arise, for example, on the part of banking organizations.

In addition, in the event of the death of an inactive heir, property rights and obligations are transferred to his heirs within six months.

In addition, you will not be able to fill out an application for refusal to enter into property rights if you have already accepted it actually (began to use it) or legally (signed a document on entering into the right).

Summarizing the above, we note that the heirs cannot set conditions and form reservations. All that the heirs are allowed to do is refuse or accept the property rights of the deceased.

Even in seemingly the most unprofitable situation, it is always possible to find a way out and minimize aggravating legal consequences and gain benefits. Request a free consultation on our portal.

Practicing lawyers will help you make a decision and give professional advice.

Acceptance of inheritance under condition or with reservations

The death of a person comes as a shock to relatives. Such a difficult period of life requires loved ones to get together and resolve issues related to the distribution of the deceased’s property.

It is worth noting that death is not a basis for the acquisition of property rights by third parties. They must also complete all paperwork and visit a notary to receive full ownership of the assets.

So, what is the difference between accepting an inheritance under condition or with reservations?

Legal regulation of the issue

The acquisition of an inheritance is associated with the implementation of a legally significant procedure, according to which the benefits of the deceased are alienated to other persons. According to the law, every citizen related to the deceased falls into a specific queue that allows him to lay claim to assets. In addition, distribution can be made in accordance with the last will and testament.

The procedure and conditions are regulated by the Civil Code of the Russian Federation (Chapter 64, Article 1110). According to the latter, the process is completed after full legal succession to the property has been formalized. The distribution of benefits occurs at a time, with the composition and appearance preserved in full.

In practice, this indicates that the rights and obligations are transferred to the successor entirely, without the opportunity to choose. Thus, the indicated rules apply to both objects and shares.

If a citizen has decided to accept benefits, then he will not be able to avoid the burdens associated with them. For example, an apartment was purchased by the deceased with a mortgage, but the heir does not want to repay the loan or interest on it.

However, in order to become a full-fledged owner of the home, he will have to accept the debt.

The exception is when the successor needs to choose on what basis he will accept the benefits: by law or by will. The beneficiary can refuse them altogether, choose one of the proposed methods, or both at once.

The successors are given six months to make a decision. It is during this time that you will have to submit an application to a notary. It must contain agreement with the acceptance of the benefits and responsibilities that were in the possession of the relative or refusal of them.

Is accepting an inheritance with reservations allowed or not?

At first glance, nothing could be simpler than accepting benefits that are intended for a specific person. At the same time, the main problem is the presence of various types of encumbrances on the deceased.

Debts do not allow citizens who are in difficult financial situations to obtain assets. Therefore, they have a question about whether they can distribute values ​​according to their needs.

This means consent to the registration of specific items (objects), as well as refusal of those related to the debt.

Important! According to current legislation and Art. 1152 of the Civil Code of the Russian Federation, ultimatums in relation to inheritance are not allowed. At the same time, you cannot come up with your own requirements. All benefits must be transferred in full to a specific heir or redistributed among other applicants.

• Question:
• What is meant by the terms “conditions”, “reservations”?
• Answer:

A clause is an addition to the application for acceptance of inheritance or a remark. A condition, in turn, is defined as a requirement whose fulfillment allows the procedure to be completed.

For example, if the successor wants to acquire assets without debt, then this will be recognized as a condition.

The clause will differ in that the desire will concern only a specific asset that a person close to the deceased is ready to take ownership of.

Is it permissible to impose conditions on the will-maker?

Thus, the heir does not have the legal right to set conditions (reservations). However, the testator has the indicated opportunity. He uses it to determine the order in which his property will be redistributed after his death.

The will-maker appoints successors to whom the objects are transferred. However, they may not be considered relatives. The owner of valuables can dispose of goods at his own discretion by establishing conditions, reservations, and also assigning responsibilities, for example:

• performing specific work (renovating an apartment, caring for pets, etc.);
• provision of services (payment of utilities for another person or other payments, provision of lifelong residence rights to a third party, use of inherited housing);
• making a payment or payments;
• alienation of property to a person named in the will.

The beneficiary faces a serious question about whether to acquire the objects or refuse them due to the presence of a lot of restrictions. There is no third option. Everyone must evaluate their strengths and focus on a specific action, about which the notary is informed.

The procedure for refusing the opportunity to acquire assets and their obligations

As already noted, consent to the registration of the deceased’s property is the right of the successor. It should not be confused with responsibility.

The privilege can always be refused due to a difficult financial situation, remote place of residence or other compelling factors. This happens within six months of the death of a loved one.

The procedure can be performed in two ways, each of which has advantages and disadvantages.

Submitting an application to a notary for waiver of claims

The sequence of actions of the heir will be as follows:

1. execution of a document containing the following information: full name of the citizen who made the appeal; location; office number, location; information about the deceased loved one (personal data, degree of relationship); information about the refusal (absolute, in favor of another person included in the list of legal successors); date of; visa.
2. submitting an application to the notary conducting the case. Most often this is done by postal delivery. If the potential beneficiary lives in the same locality, then a personal visit is possible. Remote transfer of papers or use of the services of a representative requires notarization of a package of documents, which will require additional funds. Therefore, the cheapest option would be to visit a lawyer in person.

Refusal to take any action

Inaction is not directly stipulated by the current legal acts, however, it follows from the legislation indirectly. The successor, who is not interested in accepting the benefits, should do absolutely nothing.

Failure to appear before a notary within 6 months after the death of the will-maker does not entail legal consequences. Valuables that a citizen could receive in turn or by will are transferred to other persons. Sometimes the situation develops in such a way that there are no other heirs.

Then the assets acquire the status of escheat, becoming state (municipal) property.

In practice, the death of the beneficiary himself is possible before the expiration of the period provided for the entry into rights. The debt associated with the assets will pass to the heirs of the previous successor. This order is called hereditary transmission.

Important! It will not be possible to renounce inherited values ​​after its acceptance in the established mode or through the use of objects (actual succession).

Conclusion

Heirs cannot put forward ultimatums and set their own conditions in the process of registering the assets of a deceased relative. This right is exclusively with the will-maker. At the same time, whether to renounce valuables or register them as one’s property depends on the desire of the successor himself.

Is acceptance of inheritance subject to condition or with reservations allowed?

Every person has the right to express his will regarding the disposal of property after his death. In this, the testator has significantly more rights than the heirs.

He can draw up a will with a condition suggesting that in order to accept the inheritance, a person must perform certain actions indicated by the testator. This addition to the law is necessary to provide opportunities for the most complete expression of will.

The heirs must act in accordance with the clauses of the document, or abandon the property due to them.

Is it possible to leave an inheritance with certain conditions and reservations?

A clause in a will is a comment or addition that does not significantly affect the process of taking over the property. These may include the transfer of property to the heir only after he reaches the age of majority. Conditions represent essential additions that must be fulfilled by the heir. For example, the need to pay off the debts of the testator.

Is it possible to make a will with a condition? Can. However, all laws must be followed. The condition cannot violate the rights of the heirs, otherwise it will be declared invalid. To secure a condition or clause, it must be written into the will.

Acceptance of an inheritance under a condition involves securing the desire to receive property in writing. The heir can express a desire to receive property only if he does not have to pay the testator's debts. This item will be a condition from the heir.

The terms of the will cannot violate the rights of the heirs.

How to make a will with a condition

Any testator can make a conditional will. This document will contain the following points:

• List of heirs;
• Shares that are due to a selected circle of persons;
• A list of actions that persons must take to obtain property.

The conditions specified in the document can be unlimited and versatile. The main requirement for them is respect for the rights and freedoms of the heirs. This is why the terms of a will are such a controversial issue.

Many lawyers discourage clients from drawing up such a document, since it may contain many contradictory points. In this case, the execution of the last will will be very difficult.

Examples of conditions

Let's look at the most common examples of such wills:

• Payment of maintenance to the persons specified in the document;
• Entry into marriage;
• A ban on entering into a marriage union (can be imposed on the testator’s spouse);
• The heir reaches 18 years of age;
• Obtaining higher education.

Conditions can be very diverse. Everything depends on the will of the testator.

Any testator can make a conditional will.

Features of a document with an encumbrance: lifelong residence in an apartment

A will with an encumbrance - what does it mean? Such a document means that when a person enters into an inheritance, he has not only rights to property, but also some responsibilities. Let's look at the most common wills with encumbrances:

• Lifetime residence . A will with the condition of lifelong residence assumes that the heir is obliged to provide a third party with the opportunity to live in the apartment that was inherited. Such an encumbrance on an inherited apartment can last for different periods of time: from several years to a long period;
• Lifetime maintenance . The heir will be able to accept the inheritance only if he is ready to make payments to those people indicated in the document. According to the law, maintenance can be assigned not only to people, but also to domestic animals;
• Testamentary refusal . It assumes the need to renounce property claims or part of them in favor of a certain person. The condition can be met for a short or long time, depending on what is specified in the document. This is a fairly broad area of ​​conditions, which includes various manifestations: transfer of property to a third party, acquisition of property, provision of services (permanent and one-time).

Obviously, the testator has great opportunities to set conditions. If an apartment is bequeathed, he can enter a requirement for third parties to live in it.

What happens if the heir does not fulfill his obligations? In this case, the property will not be transferred to him, or its seizure and transfer to the testator’s close relatives will be initiated according to the order prescribed by law. In addition, the document may indicate another person to whom the property will be transferred if the main heir refuses to fulfill the conditions.

A process such as entering into inheritance by law, despite its apparent simplicity, raises many questions and disputes. To avoid them, you need to clearly know the entire procedure. Find out whether a testator can change or cancel a will here. The procedures prescribed by law must be followed.

Is acceptance of inheritance with reservations allowed?

The testator has many rights according to his will regarding the property. This question interests many, especially those who received property with an encumbrance.

The law clearly states that accepting an inheritance under conditions or with reservations is not allowed.

The heir has only two courses of action:

• Accept the property by fulfilling all the requirements of the testator;
• Having rejected the accompanying conditions, refuse to accept the inheritance.

It will not be possible to give up only part of the property by waiving the claims. For example, if an apartment is transferred with an encumbrance, you cannot refuse it, but receive the rest of the inheritance (for example, a car).

Acceptance of an inheritance under conditions is strictly prohibited, and the heir, when drawing up an application for acceptance of property, must be attentive to this point. Clauses stating that a person intends to accept property only after reaching the age of majority may be regarded as a condition, which is contrary to the law.

Obviously, the law provides more freedom to the testator. This was done so that the last will could be fulfilled in full. The testator has the right to make demands on the heirs, since the matter concerns his personal will and his property.

For additional information on this issue, please refer to the section “Entering an inheritance” by following the link.

Acceptance of inheritance under condition or with reservations

The procedure for accepting an inheritance is prescribed in the Civil Code. Applicants must follow the order of entry into rights, provide a package of documents, pay a state fee and receive a certificate.

After which the heirs can divide the property and/or immediately register ownership. It remains to be seen whether the heirs can make any demands when drawing up the papers.

What is acceptance of inheritance

Inheritance practice has long been formed in Russia. However, not all citizens study the legislation or monitor its changes. Therefore, people often miss deadlines for filing documents and lose their inheritance. Let's look at a few key aspects.

An inheritance opens upon the death of an individual (Article 1113 of the Civil Code of the Russian Federation). What does it mean? Immediately after the death of the testator, the countdown begins for the transfer of property rights to the heirs. Relatives of the deceased citizen or applicants under the will are given 6 months to formalize the inheritance.

Interested parties must prepare documents, determine territorial affiliation and submit papers to a notary. After six months, applicants for property will have to visit the notary again. By then it is necessary to make an assessment of the property. Based on it, the tax is calculated, which is withheld from the heirs.

After paying the state fee, the notary issues inheritance certificates to citizens.

Vehicle registration is carried out at the traffic police department. The transfer of corporate rights is registered with the Tax Service. A state fee is withheld for registration actions. Its size is determined by law.

After receiving supporting documents, the heirs become the owners of the property of the deceased citizen. They can sell it, donate it, exchange it, or pass it on as an inheritance. Until then, full disposal of the property is impossible.

Actual acceptance of inheritance

This type of entry into rights is a certain exception to the rule. Actual heirs can take ownership of property rights without submitting an application to a notary within a 6-month period .

Applicants usually include family members of the deceased subject who lived with them. For example, if the father or mother died, then the second spouse or children act as actual heirs. They accept the property automatically.

This may also include third parties - dependents of the testator.

What confirms the actual acceptance of the inheritance? Initially, the fact of cohabitation. The proof is a certificate of family composition. However, such a document is not self-sufficient. After all, the heir may be registered in the apartment, but live for many years in another region.

The key factor is taking actions aimed at accepting the testator's property. This includes carrying out repairs on the premises, concluding contracts, paying utilities, repaying loans of a deceased citizen, delivering his belongings to his home or moving to the testator.

Each legally significant action must be confirmed by an appropriate document.

Are there any nuances when actually taking ownership? Yes! The heir must complete the necessary actions within 6 months .

That is, at the same time that is given to applicants to contact a notary.

If the heir is unable to provide adequate evidence, or the documents indicate actions were taken outside the established period, the notary will not issue a certificate.

However, without a notarized certificate, such persons will not be able to register ownership. There are only two ways - obtaining a certificate from a notary or a court decision.

The second method is usually used if the notary refused to issue a certificate to the heirs. However, citizens can immediately go to court. But court proceedings take longer than paperwork with a notary.

Although notaries more often refuse citizens than courts. The reasons may be different - discrepancy between the data in the documents, the absence of any papers, the testator did not have time to formalize the ownership.

Missing deadlines for entering into inheritance

Missing deadlines may result in loss of property rights. Frequent reasons for late contact with a notary:

1. Lack of direct contact between the heir and the testator. As a result, the applicant does not know about the death of the citizen.
2. The heir travels abroad (study, business trip or for permanent residence).
3. Serving a prison sentence. This reason is very often rejected by the courts. Since prisoners can submit an application remotely or use the services of a representative. However, in combination with other circumstances, it can also be used.
4. Long-term illness. When a person is dying, he usually has no time for inheritance. Therefore, such a reason may be considered sufficient by the court to extend the deadline.
5. Actual acceptance of ownership. An application for an extension of the deadline for accepting an inheritance is usually submitted if the notary refuses to issue a certificate to the applicant.

The list of reasons is not exhaustive. Heirs may apply to court on other grounds. However, evidence will be key. The applicant must justify the reason for the absence. You have 6 months to submit your application .

The countdown begins from the moment the reason for the omission disappears. When submitting an application, you must take into account the provisions of the Code of Civil Procedure of the Russian Federation. The hearing of the case takes place as a special proceeding. If the heir makes several claims, then it is necessary to file a statement of claim.

Is it permissible to accept an inheritance under a condition with reservations?

The testator may make a will with a condition. Consequently, the acceptance of the property will depend on the fulfillment of the last will of the owner of the property. As for the conditions on the part of the heirs, the law excludes such a possibility.

Applicants can accept the inheritance or renounce their rights. They cannot make any demands. The method of accepting the assets does not matter.

If the applicants do not want to pay off the debts of the testator, then they can simply refuse the inheritance.

Is there a conditional relinquishment of the property? No. The beneficiary may renounce the property completely or in favor of a specific citizen from among the heirs. It is prohibited to impose any conditions when renouncing property rights. Such transactions are easily challenged in court.

Example. The plaintiff filed a statement of claim. The woman asked to recognize the refusal of inheritance as invalid. An additional requirement is recognition of ownership of a share of the property. Justification for the claim: after the death of her father, the heiress turned to a notary. The woman planned to accept the inheritance.

The testator's property was also claimed by his wife and second daughter. The defendants suggested that the woman write a targeted refusal of the inheritance. In return, the beneficiary will make a will on it and provide the right to use the disputed apartment as an owner. The plaintiff agreed.

Almost immediately she signed a waiver form with a notary. The defendant fulfilled part of the promise. She made a will in favor of the plaintiff. All this time, the applicant used the apartment together with the defendant’s relatives. However, recently these persons began to create unbearable living conditions for the woman.

Refusal of inheritance under conditions is unacceptable (Decision of the Sovetsky District Court of Krasnodar dated July 17, 2012).

Is it possible to refuse an inheritance?

Potential heirs can not only accept property, but also renounce their rights. The reasons for this decision may be different:

1. Low asset value.
2. Remote residence of the applicant. For example, if the testator lived in Budennovsk, and the successor lived in the suburbs of Chelyabinsk.
3. Availability of debt obligations to the bank.
4. A large number of applicants for property.
5. Reluctance to enter into conflict with the relatives of the testator.
6. Lack of money for inheritance registration.

The refusal can be absolute or targeted. The heir can submit a written application to the notary or simply remain inactive for six months. Its share is subject to division among the remaining participants. However, in order to write off your part, a specific person will have to write a addressed application.

In what cases is refusal impossible? A person cannot refuse the obligatory share in favor of another applicant. The refusal must be absolute.

Also, the applicant cannot renounce the property if a sub-heir is specified in the will. Additionally, refusal of part of the property is prohibited. An exception is the right of inheritance for various reasons.

Under such circumstances, the heir may refuse part of the assets under one of them.

Is it possible to revoke a refusal of inheritance? No. The law does not provide for this possibility. Unless the applicant was misled regarding the document being signed.

The fate of the abandoned inheritance

Property not accepted by the heirs goes to the next priority applicants. The transfer of property rights is carried out until the seventh stage.

If such persons are not identified or have renounced their rights, then the property is considered escheated. The state becomes the beneficiary of the property. Relinquishment of property is not provided for by law.

The procedure for obtaining a certificate is the same for all applicants.

Acceptance of inheritance under conditions is not provided for by law. Claimants may assert their rights or relinquish ownership. Citizens are given six months to make a final decision. Only the testator can set conditions. For example, the owner of an apartment may oblige the heir to provide the legatee with residential premises for lifelong residence.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!