All cases related to the return and restoration of inheritance can be considered only in court. When is it worth going to court, and when it makes no sense to file a claim?
Instructions
Step 1
If the testator drew up a will, in which you are not mentioned, then you can submit an application to appeal the inheritance to the court only if you are the heir of the first priority. By a court decision, the heirs will be required to return you half of the share of the inheritance that you would have received if there were no will. However, sometimes the court also considers cases when a person wishing to challenge a will is disabled, as well as when the interests of incapacitated or minor citizens are affected.
Step 2
If you missed the terms of inheritance for a good reason (illness, ignorance of the death of the testator, military service), first contact a notary to issue you an official refusal to restore inheritance rights. With this document, as well as with documents confirming the fact of a valid excuse, you should go to court and restore the terms. Please note: the court has the right to consider your application only if no more than 6 months have passed since you learned about the existence of the inheritance and about the death of the testator. This must be documented.
Step 3
If you have not completed the inheritance documents on time, but you have evidence that you are actually using the property of the deceased, then the court will help you secure the right to use the property de jure.
Step 4
If you refused to accept the inheritance, and this refusal was drawn up in writing and certified by a notary, then it is almost impossible to return the inheritance in this case. However, if the refusal was made under threat or due to deception or delusion, then the court, provided that there is evidence of such actions on the part of other heirs, can help you return the lost inheritance in full.
Step 5
If you have been recognized by a court or a notary as an unworthy heir, then you have the opportunity to appeal this decision and return the inheritance if there is evidence that reveals new circumstances of the case.
