The rejection of the inheritance and its types

Inheritance is not always beneficial to their heirs. Sometimes, because of the division it can damage relations of family members, and someone inherited is simply not necessary. In such cases the simplest way out of this situation is the rejection of the inheritance.

Notarial practice has three types of such failures:

- refusal in favor of one or more heirs.

- a simple (unconditional) waiver;

- “silent” waiver.

Acceptance and rejection of the inheritance, with the exception of the silent refusal, issued at any notary as public and private (provided it has permission to conduct the hereditary cases). If the document is in the notary office or a private notary, where opened a probate case, he is registered in a simple manner and attached to a hereditary cause.

If for any objective reasons to fix the failure in the notary's office, where he opened a probate case, it is not possible, it is issued by a notary officer by affixing identification labels to a document. A notarized waiver is sent to the place of opening of inheritance cases.

“Silent” failure means not paying to the notary for the establishment of the hereditary cases. This is possible only if the heir does not live or is not registered at the place of residence of the deceased, and he actually accepted the inheritance.

Concerning the refusal of the hereditary property, the legislator has established restrictions: it is impossible to abandon the inherited property or to surrender under the condition.

When making a rejection of inherited property it is essential that the indication or omission of the heir in whose favor the waiver is made, as this may affect the distribution of property shares.

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For example, the heirs of the deceased are two sons and a daughter. Daughter plans to take the property and prepares the rejection share of the inheritance. If the daughter prepares refusal in favor of one of the brothers, then her share will be added to his share, and one brother will inherit 1/3 of the property, and the second, in whose favor is refused, – ½. If the daughter will issue a refusal without stating the heirs of the (unconditional refusal), its share will be distributed equally between the brothers and everyone will get ½ lobe.

The Legislation provided a waiver of inheritance by both reasons: by law and by will. And one does not exclude the other. So, if the heir renounces the inheritance under the will, he may inherit all property on a common basis in law, together with the other heirs. If such heir to execute a waiver of inheritance by law, he will inherit only bequeathed his property.

To Accept the inheritance or to refuse it it is possible not later than six months from the date of death of the testator. It should be remembered that if the statement of acceptance and issuance of inheritance at any time to cancel and take back, the rejection of the inheritance can not be taken back or cancelled.

There Are situations when the estate becomes the property of the heirs automatically (actual adoption), even without recourse to a notary for the establishment of the hereditary cases. And if you do not submit an application within six months, to abandon this legacy will only be possible in a judicial order, which would require to prove the existence of a good reason for missing six-month period.

There Are cases, though rare enough, when the inheritance of all the heirs refuse, or not at all. Then the fate of the property the government decides, or rather, administrative unit, recognizing that such property is unclaimed.