The heirs of a deceased person, as a rule, are his closest relatives. However, the law gives a person the opportunity to dispose of his property differently. If the testator does not agree to leave the property to a specific direct heir, he can write a legacy in favor of another person. In addition to refusal by will, the heir may be deprived of the right to inherit a deceased relative if in court he is recognized as an unworthy heir. According to Article 1117 of the Civil Code of Russia, an unworthy heir cannot inherit either by law or by will.
Instructions
Step 1
If you have a desire to deprive one of your direct heirs of the opportunity to inherit to you, write a will in accordance with Art. 1119 CC. The will is drawn up by a notary in a certain form. The will must be certified by a notary.
Step 2
Often, after the death of the testator, heirs try to challenge the last declaration of will of their relative and invalidate the will. To avoid such a development of events on the days of drawing up a will, undergo a full medical examination. Submit the results to the notary when you make your will. This will greatly reduce the chances of future applicants for your judgments to revoke a will based on evidence of poor mental health of the testator.
Step 3
If you are one of the direct heirs and have information about the unworthy heir of a deceased person, collect all the facts proving the unworthy behavior of the heir. In accordance with Article 1117 of the Civil Code, the deliberate actions of one of the heirs directed against the testator or other heirs, or against the fulfillment of the testator's last will, make it possible to recognize this heir as unworthy.
Step 4
Submit a claim to the court to deprive this unworthy person of the inheritance. When considering a case, provide the court with all the evidence you have. If the facts are sufficient and they correspond to the concept of an unworthy heir, the court will make a decision to deprive the specified person of the inheritance.