You can renounce a share in an inheritance by submitting a special application to a notary on renouncing the inheritance before the end of the term for its acceptance. In this case, the heir has the right to simply refuse a share in the inheritance or indicate specific persons in favor of whom he makes such a refusal.
Civil law allows any heir to abandon the hereditary mass due to him. Moreover, such a refusal should be carried out during the period established for the acceptance of the inheritance. Formally, the heir's refusal should be expressed in sending an application to a notary, who carries out all procedures related to the inheritance. The application must be submitted in person, to confirm his identity and the authenticity of the signature, the heir must present a passport. It is also allowed to send the corresponding application by mail, but in this case, the signature on the application will have to be notarized. In addition, the application can be submitted through a representative, but the latter must have a power of attorney from the heir, which will specifically indicate the presence of the appropriate authority.
What should I include in my disclaimer?
The application should clearly indicate their own intention to refuse to accept the inherited property of a particular testator. In this case, you can indicate persons who are also recognized as heirs by law or by will, in favor of whom the refusal is carried out. The list of such persons is limited, and refusal is allowed only in favor of the heirs. However, the heir who refuses the share can simply reflect his own intention without listing specific persons in favor of whom the refusal is carried out. Sometimes the heir initially accepts the inheritance, but then expresses his intention to refuse the accepted share. This action is permissible if the inheritance period has not expired. Otherwise, you can try to restore the specified period by renouncing the share in court, however, there must be valid reasons for missing such a period.
What should be considered when giving up a share in an inheritance?
When refusing to share in the inheritance, the heir should take into account that he will not be able to change or revoke the corresponding decision. In addition, civil law expressly prohibits giving up part of the inheritance due to a particular person. So, some heirs, simultaneously with the property, receive obligations from the testator to repay loans and borrowings. In this case, it is possible to refuse only from the entire inheritance due, and the refusal of obligations while preserving the rights to the property of the testator will not be accepted by the notary.
