Inheritance does not always benefit its heirs. Sometimes, due to his division, the relations of family members can deteriorate, but someone simply does not need an inheritance. In such cases, the easiest way out of this situation is to refuse the inheritance.
Notarial practice has three types of such failures:
- refusal in favor of one or more heirs;
- simple (unconditional) failure;
- “silent” refusal.
Acceptance and refusal of an inheritance, with the exception of tacit refusal, is executed by any notary public or private (subject to the permission to conduct inheritance affairs). If such a document is made at a notary's office or at a private notary, where a hereditary case has been opened, then it is registered in a simple form and attached to the hereditary case.
If, for any objective reason, it is not possible to record a refusal in a notary's office where the inheritance case has been opened, then it is drawn up in any notary's office by affixing a certification inscription on such a document. A rejection certified by a notary shall be sent to the place of opening of the inheritance case.
“Silent” refusal implies not addressing the notary to the establishment of the inheritance case. This option is possible only if the heir does not live or is not registered at the place of residence of the deceased, and he actually did not accept the inheritance.
Regarding the refusal of inheritance property, the legislator established restrictions: it is impossible to refuse part of the inheritance property or refuse under the condition.
When making a waiver of inheritance, an essential condition is the indication or non-indication of the heir in whose favor the waiver is filed, as this may affect the distribution of shares in the property.
So, for example, the heirs of the deceased are two sons and a daughter. The daughter does not plan to take property and draws up a waiver of the share of the inheritance. If the daughter makes a refusal in favor of one of the brothers, then her share will be added to his share, and one brother will inherit 1/3 of the property, and the second, in whose favor they refused, ½. If the daughter makes a refusal without specifying the heirs (unconditional refusal), then her share will be distributed equally among the brothers and each will receive ½ share.
Legislation provides for the abandonment of inheritance on both grounds: by law and by will. Moreover, one does not exclude the other. So, if the heir refuses the inheritance by will, he can inherit all the property on a common basis by law, together with other heirs. If such an heir draws up a waiver of the inheritance by law, then he will inherit only property bequeathed to him.
You can accept the inheritance or refuse it no later than six months from the date of the death of the testator. It should be remembered that if the application for the acceptance and issuance of the inheritance can be canceled and taken back at any time, then the renunciation of the inheritance cannot be taken back or canceled.
There are situations when the inheritance property becomes the property of the heirs automatically (actual acceptance) even without contacting the notary to establish the estate. And if you do not submit an application within six months, then you can refuse such an inheritance only in court, for which you need to prove the existence of valid reasons for missing a six-month period.
There are cases, albeit rarely enough, when all the heirs refuse the inheritance or if they don’t exist at all. Then the fate of the property is decided by the state, or rather, the administrative-territorial unit, recognizing such property escheat.