legacy not always beneficial to their heirs.Sometimes, because of his division could damage relations of family members, and anyone inheritance simply does not need.In such cases, the easiest way out of this situation is the refusal of the inheritance.
notarial practice has three types of such failures:
- refusal in favor of one or several heirs;
- simple (unconditional) rejection;
- «silent» failure.
Acceptance and rejection of inheritance, except the tacit refusal is made in any of the notary, both public and private (provided that he has permission to conduct inheritance cases).If such a document is made in the notary office or a private notary, which instituted a hereditary thing, it is recorded in a simple form and attached to the hereditary cause.
If due to any objective reasons for the refusal to fix the notary's office, which opened a hereditary thing is not possible, then it is made at any notary's office by putting certifying text on such a document.Notarized rejection sent to the place of opening of inheritance cases.
«Silent 'refusal means the unconverted to a notary for the establishment of hereditary cases.This works only if the heir does not live or is not registered at the place of residence of the deceased, and he actually accepted the inheritance.
to the refusal of the hereditary property legislator restrictions: do not abandon the part of hereditary property, or give up on the condition.
When making a non-inherited property is the essential condition of indication of any failure to specify the heir in whose favor the refusal is made, since it may affect the distribution of shares in the property.
For example, the heirs of the deceased are two sons and a daughter.The daughter has no plans to take the property and draws up giving up a share of the inheritance.If the daughter draws refusal in favor of one of the brothers, its share will add on to his share, and one brother would inherit 1/3 of the property, and the second in favor of whom refused, - ½.If the refusal to issue a daughter without heirs (unconditional waiver), its share will be distributed equally among brothers, and each will receive ½ share.
legislation provides rejection of the inheritance on both grounds: under the law and under the will.And one does not exclude the other.So, if the heir renounces the inheritance by will, he can inherit all the property on a common basis under the law, along with other heirs.If such heir to issue a refusal of inheritance according to the law, it will only inherit property bequeathed to him.
accept the inheritance or to refuse it, you can not later than six months from the date of death of the testator.It should be remembered that if the declaration of acceptance and issuance of the inheritance at any time to cancel and take back the refusal of inheritance can not be taken back or cancel.
There are situations where an estate becomes the property of the heirs automatically (the actual decision), even without recourse to a notary for the establishment of hereditary cases.And if you do not apply within six months, then abandon this legacy will only be possible through the courts, which will require to prove the existence of a valid reason pass a six-month period.
There are times, though quite rarely, when the inheritance heirs refuse all or they do not.Then the fate of the property decides the state, or rather, the administrative and territorial unit, while recognizing such property escheat.
