To transfer a share in the inheritance to the heir, a legacy must be drawn up. To do this, within the six-month period established by law for accepting the inheritance, it is necessary to submit a corresponding application to a notary.
In some cases, heirs by law or by will are not interested in taking their own share in the estate of the testator. Such situations may arise due to the lack of need for specific things, difficulties associated with the possession and use of them. In addition, along with property rights, obligations can be transferred that the heir will have to pay off. The only way out of this situation is to completely renounce the share in the inheritance by transferring it to another heir or heirs. Any heir has the right to such a refusal in accordance with civil law, however, there are some restrictions that should be taken into account if there is an intention to implement such a procedure.
Restrictions on the transfer of a share in an inheritance
The transfer of a share in an inheritance or a testamentary refusal is not allowed in the presence of heirs appointed by the testator, in the inheritance of an obligatory share, as well as in the inheritance of property by will, in which the entire inheritance mass is distributed among the persons appointed by the testator. In other cases, it is possible to refuse a share, however, such a refusal must be complete, since it will not work to keep a part of the property. In addition, the refusal cannot be withdrawn, as well as accompanied by any conditions, reservations. The term for the transfer of a share in the inheritance is identical to the period allotted by law for the acceptance of the inheritance (six months from the date of opening the inheritance).
Procedure for transferring a share in an inheritance
To formalize the waiver of the inheritance, the heir should write an application addressed to the notary who disposes of the inherited property. The application should indicate your own intention to waive the due share. In this case, the heir has the right to indicate the persons in favor of whom he refuses. Only other heirs by law or by will can act as such persons; as a result, the share of the refused heir will be transferred to them. It is prohibited to refuse in favor of third parties who are not included in the number of heirs. The heir may personally submit the application for refusal to a notary or send it by mail, but in the latter case, his signature must be certified by a notary. You can also use the services of a representative to take the necessary actions, but he must have a power of attorney with the appropriate authority.
