The heir has already accepted the inheritance, but under the influence of some reason, he decided to abandon it? The legislation provides for such options for the development of events, but under certain conditions.
Instructions
Step 1
Remember that a refusal can be filed within six months from the date of entry into force of the will. However, if the heir has good reasons for the delay, the court may consider a specific case. But at the same time, it is imperative to explain to the court not only the reasons themselves, but also why it should consider them valid for its decision.
Step 2
The application must be submitted only through a notary office. It can be submitted personally, or you can send it by registered mail.
Step 3
If the heir has even the slightest doubts about the correctness of his own decisions and actions, as well as his competence in this matter, then it is better to contact a competent lawyer.
Step 4
When giving up the inheritance in favor of one of the relatives of the heir or testator, you must make sure that this person is not indicated as deprived of the right of inheritance.
Step 5
If the heir has guardians due to age or his full or partial legal capacity, the court will require them to confirm permission to act on the refusal. To do this, the court will need to submit a document with the signature of the head of the guardianship authority and the seal of the specified institution. In any case, the heir will have to prove to the court that he is acting only from ideological considerations, and no one is putting pressure on him.
Step 6
The refusal will necessarily be satisfied if the heir entered into the right of inheritance not by submitting an application, but by performing certain actions, indicating the actual acceptance of what was bequeathed to him.
Step 7
The waiver of inheritance must be absolute. Therefore, in case of a satisfied refusal, he will not be able to return the inheritance back to himself.
Step 8
Also, he will not be allowed to refuse the inheritance if the heir has sold, donated or has already spent part of it. Even if it was done to pay for the funeral of the testator.
Step 9
If the heir plans to relinquish his necessarily share of the will, then the process is greatly simplified. And this simply leads to an increase in the share of the rest of the heirs.
