Different life situations that arise in families very often confront people with various legal issues and subtleties. And sometimes a person faces the problem of rejecting a will. How to do it right?
Instructions
Step 1
Visit a law office. Firstly, a lawyer will help you to correctly compose the text of the application. And, secondly, it will explain to you all the possible nuances.
Step 2
The application for refusal itself is written and certified by a notary in the office at the place of acceptance of the inheritance. The application can be handed over personally, or it can be sent by mail. The deadline for submitting such an application is six months. However, if you have already overdue the allotted time, then the court may still consider your application if you have provided valid reasons for delaying the process.
Step 3
Remember that a waiver is written for two reasons. The first is when debts or taxes for this inheritance exceed or equal its total value. Then the heir simply does not make sense to take the inheritance for himself. The second is a refusal in favor of one of the relatives indicated in the will on their own or as the next in the line of inheritance. As a rule, here we are talking about a refusal in favor of their children, nephews, grandchildren or relatives and cousins of the maker of the will.
Step 4
If you, as an heir, are a minor or have guardianship due to health conditions, then the refusal is made only with the consent of the guardians or parents.
Step 5
Not in every case, you can safely renounce a will or transfer an inheritance to someone. Find out exactly with a lawyer if you can transfer your inheritance to whoever you want. The category of refusal includes unambiguously persons deprived of the right of inheritance by the testator, and any outsiders, if the entire inheritance is bequeathed only to direct heirs.
Step 6
If the heir has already spent part of the inheritance for any purpose, then he cannot renounce the will.
Step 7
After the notarial agreement, the application goes to the court, where it can be appealed by other relatives.
