In most cases, only a court can declare an heir unworthy. However, in some cases, such a decision can also be made by a notary, based on existing documents. How is the procedure for recognizing the heir unworthy, and who can be recognized as such?
Instructions
Step 1
Check out article 1117 of the Civil Code of the Russian Federation, which lists the categories of persons who may be recognized as unworthy heirs, taking into account all the circumstances.
Step 2
Please note, unlike previous editions of the Civil Code, not only heirs by will, but also heirs who have the right to inherit by law can be recognized as unworthy. In addition, the law does not prohibit the application of an unworthy heir to the court in order to appeal against his decision or the decision of a notary with the involvement of new evidence and documents.
Step 3
Persons who have committed deliberate unlawful actions against the testator or other heirs for any reason are considered to be unworthy heirs. But if, for example, the attempted murder failed, the testator still has the right to include the culprit in the will.
Step 4
A person who has committed the murder of the testator by negligence has the right to inherit, unless other heirs discover circumstances proving the opposite.
Step 5
If the father or mother is deprived of parental rights, they are recognized as unworthy heirs by a notary, if there are no documents on restoration of rights. Nevertheless, the parents mentioned in the will as a son / daughter inherit on an equal basis with everyone, according to the will of the deceased.
Step 6
Malicious alimony and other categories of citizens who evade their obligations in relation to testators (incapacitated parents, sisters and brothers, children) may be recognized as unworthy heirs by a court decision. Such a decision can be made on the basis of documents confirming the late payment of alimony, and other evidence. However, a statement of claim for the removal from inheritance of such a person can only be filed by another heir by law.
