An unworthy heir: who and how can deprive him of his inheritance

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When inheriting the property of a deceased person, disputes often arise. The testator's relatives are often dissatisfied with the size of the share assigned to him, challenge the will or try to restore the deadlines for taking over the rights. More and more legal disputes are associated with the recognition of heirs as unworthy. Of course, just a statement is not enough - you need evidence, and strong evidence at that!

Is it possible and how to recognize an heir as unworthy? The process is not easy, so we will look at all the reasons and nuances so that you have an idea of ​​​​the progress of the case. Well, if you have any questions, you can ask our lawyers.

Who is the unworthy heir?

Many people have probably heard the concept of “unworthy heir.” However, few people know what it means and who it applies to? The legislator devotes an entire article to the term - 1117 of the Civil Code of the Russian Federation, which answers many questions.

An unworthy heir is a citizen who has committed illegal actions against the testator. The goal could be to increase one's own share of the inheritance. Moreover, illegal actions can be committed not only by the main contender, but also by third parties at his request.

Suppose the heir was found unworthy. What consequences does this status entail? Heirs who are found unworthy lose the right to the property of the deceased . It happens that the applicant is deprived of the right, being in the first category of relationship. There are cases where children, parents and spouses were recognized as unworthy heirs.

The fact of unworthiness is confirmed exclusively through the court. Suspicions of relatives or assumptions of heirs do not deprive the applicant of his legal rights. For example, if the heir did not participate in paying utility bills, but later claimed rights to the inheritance, he will most likely receive the inheritance. There can be no talk of any “unworthy” status.

Types of violations

Illegal actions that are grounds for depriving citizens of inheritance are the following:

• the presence of the heir's guilt in the death of the testator, proven by the court;
• concealment of information about the presence of other heirs from the notary;
• proven by the court that the heir is guilty of attempting to cause harm to other claimants to the property in order to increase his share;
• destruction of a will or an attempt to influence the testator in order to change its contents;
• refusal by the heir according to the law of the obligation imposed by the court to support the testator.

Grounds for recognizing an heir as dishonest and unworthy

To initiate a court hearing, compelling reasons are required - we remind you that they are listed in Art. 1117 of the Civil Code of the Russian Federation.

Let's look at them in order:

1. Unlawful actions towards a deceased citizen

This includes persons who committed unlawful acts against a deceased citizen. For example, forgery/destruction of a will, forcing the testator to draw up a document in his name, or murder (due to jealousy).

The main goal is to increase the share of the inheritance. The heirs themselves could make attempts to instill their desires in the testator or persuade other applicants. However, regardless of what actions the unworthy heirs committed, these facts must be proven in court. Mere assumptions from the relatives of the deceased person are not enough.

Read, is it possible and how to invalidate a will?

1. Evasion of obligations to support the testator

It is important to note that the obligation to support the deceased arises for a reason. There must be a logical explanation for this, namely a court decision. A striking example is the obligation to pay alimony for a child or disabled persons (Article 80 and Article 88 of the RF IC). For example, the father did not pay child support, as a result of which the child did not receive the necessary help. Debt for alimony is direct evidence not in favor of the unfortunate alimony payer.

1. Deprivation of parental rights

It occurs quite often, not only in relation to fathers, but also mothers. However, if the reasons that formed the basis of the court decision no longer exist, such persons may apply to the court with a request to restore parental rights. If the court grants the request of the mother or father, their rights are subject to restoration. Further inheritance of parents/children's assets will occur in accordance with the general procedure.

Groups

There are several types of unworthy heirs, and according to the type of their behavior towards the deceased and co-heirs, these people can be divided into groups.

Unlawful trespass

This group of persons undertakes illegal acts against other co-heirs in order to increase their own share.

These include:

1. Claimants who, through their own actions, tried to illegally increase the share of the inheritance, causing damage to the interests of other persons. For example, during a dispute, acting on sudden intent, a son kills his brother, while remaining a contender for the inheritance left by their parent. At the end of the investigation, the killer is sentenced and found unworthy of the property left behind. In the future, the inheritance left by the deceased father, according to the will and in the manner prescribed by law, remains to other claimants.
2. A successor who deliberately infringes on the legal rights of other heirs claiming rights to receive an inheritance share. The unworthy person commits unlawful actions, persuading the deceased to recognize a larger part of the property for him or even to exclude other claimants from the will. A person achieves these goals by disparaging the dignity of other successors through slander, manipulation of the trust and feelings of the testator.
3. A potential heir who deliberately destroyed or concealed a testamentary document in order to increase his share or exclude other persons from participating in the process of inheriting property values.

Unscrupulous parents

A parent who is officially deprived of rights in relation to his child, who is the owner of inherited property, cannot be a contender in the succession procedure. The basis for deprivation is the parent’s failure to fulfill the duties of raising and maintaining the child: failure to pay alimony (only if there is a court decision to collect it). In the absence of documented evidence of parental evasion of responsibilities towards the child, the issue is considered in court.

Those who evade the maintenance of the testator

Successors who deliberately evade fulfillment of the terms of the will. This includes improper lifetime maintenance of the owner of property assets, specified in the contract. If the applicant did not contact the deceased during the period when he needed care and financial assistance, and did not maintain contact, then he may be found in bad faith in court and deprived of legal succession.

Rights deprived by the court

During his lifetime, the testator himself may receive a court decision declaring the successor unworthy. After his death, this right is assigned to any of the heirs.

The category of citizens deprived of the right to inherit by a court decision includes:

• relatives of the deceased who evaded his maintenance, care and material support,
• persons who have committed deliberate illegal actions against a relative transferring property.

The law does not say exactly what crimes can lead to the deprivation of the applicant’s rights, but it clarifies that this is intentional harm to health and even an attempt on the life of the property owner. In the process of proving a successor's guilt, the motives and consequences of his actions are not taken into account. To make a decision, the very fact of his unlawful act is sufficient.

Common Misconceptions

The lack of legal education often leads to various kinds of misconceptions related to the lifestyle of the heirs. Below are some of them:

Grounds for which the heir cannot be recognized as unworthy

In practice, judges rarely satisfy a claim of unworthiness of an heir. Often, plaintiffs or testators are mistaken and indicate the wrong reasons for declaring the defendant unworthy and considering him the proper heir.

A claim in court may be dissatisfied if the testator slanderes his heir and the reason for this becomes:

• use of the testator's belongings, but without malicious intent;
• not being allowed into the apartment as a result of the keys being confiscated;
• non-compliance with the agreement between relatives in the case of division of inherited property when distributing shares;
• failure to fulfill obligations on the part of the testator in relation to his own property in the event of;
• concealment of the fact of death from a relative in the event of isolation of the testator from them;
• no communication with family;
• failure to notify the notary that a will has been written in favor of other persons;
• failure to participate in the burial, installation of a monument, or other funeral-related procedures;
• hostile conflicts, quarrels, slander, insults, asocial lifestyle of the heir, other immoral acts;
• failure to show citizenship towards loved ones;
• careless attitude towards the testator's belongings;
• leaving without medical care and treatment in the event of a serious illness of the testator, unless, of course, the heir himself brought him to death;
• failure to show affection, care, or interest in the life and health of the deceased testator during his lifetime;
• the decedent's propensity to abuse alcohol.

In addition, an attempt to challenge a will previously drawn up by the testator in favor of other heirs cannot become a reason for declaring the heir unworthy. If, shortly before the death of the testator, the heir got married, started a family, does not live together and does not run a common household, does not participate in care and guardianship - these are not reasons for removing their inheritance.

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How to prove that the heir is unworthy?

Such facts are established in court - the notary is not authorized to recognize the heir as unworthy. Interested parties need to prepare a corresponding application. Written evidence of the stated requirements will also be required. Failure to provide proper documents will result in the claim being denied.

Please note that the claim is filed only after the death of the testator. The plaintiff may be a group of heirs or individual representatives (dependents). For example, if their rights to receive a mandatory share in the property of the deceased are infringed.

Procedure and procedure

The plaintiff needs:

1. Preparing documents is the main focus on the evidence base.
2. Draw up and file a claim in court.
3. Wait until the court hearing begins.
4. Provide all available evidence - they will be discussed below.
5. Justify your claims in court.
6. Wait for a court decision.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

If the court satisfies the requirements, the plaintiff heir turns to the notary who opened the inheritance case. The court decision serves as the basis for canceling a previously issued certificate of inheritance. The notary also revokes the documents of the remaining heirs - the inheritance rights are re-registered. The property is divided among bona fide claimants, and the withdrawing participant does not participate in the division of property.

Claim to declare an heir unworthy

The form of the statement of claim is noted in Art. 131 Code of Civil Procedure of the Russian Federation.

The document must contain:

• the name of the court in which the claim is filed;
• information about the applicant (full name, actual residential address);
• similar information about the defendant;
• cost of the claim - the entire amount of the claims;
• document's name;
• circumstances of the case (when the testator died, date of opening of the inheritance, number of applicants, grounds for recognition as unworthy);
• final requirements;
• list of attached papers.

The key document when filing a claim is a receipt for payment of the state duty. Its absence will lead to the court leaving the application without progress and giving a deadline to eliminate the shortcomings. If the plaintiff wishes to make motions, they can be filed during the trial.

Below is a sample claim:

It is better to entrust the preparation of such documents to experienced lawyers. This will avoid multiple clarification of claims and take into account the key factors that the court relies on when making a decision.

Required documents

Standard package of documents for a claim:

• The plaintiff’s identity card is a Russian passport;
• death certificate of the testator - issued by the registry office or kept by other heirs (see “How to restore a death certificate?”);
• papers confirming relationship with a deceased citizen - birth certificate, marriage certificate, adoption certificate;
• documents of title to the assets of the testator - for example, an agreement on privatization, sale and purchase, exchange;
• written evidence of the defendant committing unlawful acts (see below).

If the plaintiff wishes to invite witnesses, a separate statement must be prepared. You will also need to scan a package of documents for citizens summoned to court.

Evidence of illegal activities

The basis of any claim is evidence. Therefore, care must be taken to prepare adequate evidence that will allow the court to make a decision.

When filing a claim to declare an applicant unworthy, you can use:

• a court decision on alimony (for example, the father did not pay child support, the mother went to court and received a writ of execution for alimony);
• a certificate from the FSSP about the presence of an outstanding alimony debt or the search for a defaulter (for example, the child’s father did not pay alimony, changed his place of residence, did not work anywhere, tried to go abroad without court permission);
• court verdict against alimony defaulter;
• a court verdict in a case of causing grievous bodily harm or murder of the testator (the commission of a crime is a clear reason to deprive the heir of the rights to the property of the deceased);
• court decision to invalidate the will (for example, the grandmother made the will under threats and blackmail from her grandson).

Witness testimony can also be used. For example, if there are persons who can confirm the fact that the applicant persuaded them to give up their share of the inheritance in order to increase his part of the property.

State duty, expenses

The amount of state duty is determined by the Tax Code. When filing a claim of a non-property nature, you need to pay 300 rubles.

Protection of the rights of the heir

In some cases, the heir is forced to protect himself from attempts to exclude him from the inheritance.

If the grounds for removal no longer exist (the testator has forgiven the relative or the parent has regained his rights), then the notary in charge of the case must be informed about these facts. Otherwise, to renew your rights, you will have to challenge the notary’s decision in court.

If a person has been excluded from a share in the will, then the document can be declared invalid in court. The citizen will have to prove that he was deprived of the right to inherit by fraud, manipulating the feelings and emotions of the testator in favor of other people.

To protect his name and rights, the heir must adhere to several rules:

1. You cannot succumb to provocations from conflicting relatives.
2. Avoid disputes, quarrels and conflicts with co-heirs.
3. Do not collude against co-heirs.
4. Do not falsify documents.
5. Do not form coalitions with some relatives in order to deprive others of the right of inheritance.
6. You cannot attempt to dispose of the property of the deceased before the due time.
7. Do not skip court proceedings and take the claim for deprivation of inheritance rights seriously, even if the grounds are false.
8. Keep in touch with the notary, find out about the progress of the case.

Recovery procedure

Restoring the rights of unworthy heirs is common in judicial practice, and there are often cases when the successor is again recognized as full-fledged. In this case, a repeated will is drawn up indicating this person as the heir. This document is legally binding. A repeated will can be challenged in court if the “forgiven” heir again commits illegal actions against the testator.

Consequences of declaring an applicant unworthy

If, following a court hearing, the court satisfies the claims, the heir will become unworthy and lose the right to the property of the deceased. The returned property is distributed among the remaining heirs.

What to do if a person has already entered into rights? The property he received must be returned . If the heir cannot return it in full, he will have to compensate the other heirs for the value of the assets.

The price of the inheritance is determined on the date of its acceptance - the cadastral, market or inventory value is taken as the basis. Notaries and courts request an up-to-date assessment, i.e. archived data will not work. Read more about this in the article “Valuation of property upon entry into inheritance.”

Can the descendants of an heir who has lost the right of inheritance inherit assets by way of representation? No, because the legislator deprived them of such an opportunity (clause 2 of Article 1146 of the Civil Code of the Russian Federation).

Example. The plaintiff filed an application to declare the heir unworthy. At the same time, a claim was made for the recovery of unjust enrichment. The essence of the dispute is that after the death of the grandparents, an inheritance was opened, which was accepted by the plaintiff’s father. Soon the man moved into the house with his family, including the plaintiff. Later, the marriage broke up: the plaintiff left home with his mother, and some time later his father died. On the day of his death, the plaintiff was a minor - therefore, he could not inherit on his own. The testator's half-sister took advantage of this. She filed a claim to extend the deadline for taking over her grandparents' property. The woman indicated in the statement that there are no other heirs besides her. She also hid the fact that her brother actually accepted his parents' inheritance. The plaintiff considers the actions of the heir illegal and such that they led to the illegal enrichment of the defendant. The court partially satisfied the claims and recovered from the defendant an amount commensurate with the share of the inheritance that was due to the plaintiff (Decision of the Dorogobuzh District Court of the Smolensk Region dated October 18, 2017, case No. 2-294/2017).

Elements of the statement of claim

To win the case, in addition to providing strong evidence, the applicant must correctly draft the claim. A lawsuit may be a class action if it is filed by several heirs. If a person does not participate in the process of distribution of inheritance, he does not have the right to submit such applications.

The statement of claim is filed with the district court at the last place of residence of the deceased (at the place where the inheritance was opened).

The claim must include the following information:

1. Name and location of the court hearing the case.
2. Information about the applicant (name, surname, patronymic, place of residence, contact phone number).
3. Information about the defendant (name, surname, patronymic, place of residence, contact phone number).
4. Contents of the statement of claim: information about the testator (residence address, day of death), determination of the shares of the heirs, substantiation of one’s position regarding the deprivation of one or more citizens of the right to receive the property of the deceased, indication of the reasons for the court making a positive decision with references to the rules of law.
5. An appendix indicating the attached documents.
6. Signature and date.

The statement of claim is also accompanied by a receipt confirming the fact of payment of the state fee in the amount of three hundred rubles.

A positive decision made at the request of the heir must be transferred to the notary who is in charge of the property case for redistribution of the inheritance. If the decision is negative, there is no need to provide it anywhere.

The procedure for distributing the assets of an unworthy heir

The property that was awarded to the unworthy applicant is divided equally among the other applicants. Consequently, the share of property of each heir increases in proportion to the added share. As we found out above, the basis is a court decision.

The document must be presented to a notary. Moreover, it is not necessary for a court decision to declare the applicant unworthy. A decision made on the basis of the first two paragraphs of Art. is sufficient. 1117 of the Civil Code of the Russian Federation: crime against the testator or non-payment of alimony and deprivation of parental rights.

What are the legal consequences

The key result of recognizing a citizen as unworthy is his complete exclusion from the right to receive the property of the deceased. In addition, the children of such a person lose the right to inherit by nomination if the direct recipient of the property died during the opening of the inheritance or before that moment.

How to divide the inheritance after the heir is declared unworthy

An unworthy heir does not have the right of inheritance, and if this fact is ignored, he is obliged to return all property illegally obtained by him - Ch. 60 Civil Code of the Russian Federation.

If a citizen deprived of inheritance rights somehow acquired the property of the testator, he is obliged to return it to the remaining heirs. And if he refuses to do this voluntarily, interested parties must go to court.

The “released” property is subject to distribution among persons called to inherit in proportion to their inheritance shares, unless the will provides for a different procedure for redistribution - Art. 1161 of the Civil Code of the Russian Federation.

If it is impossible to return what was received in kind (due to its sale), an equivalent amount will be reimbursed. Damage to property due to the fault of an unworthy recipient is also taken into account. If any arise, he is obliged to compensate for them.

In addition to the return of unlawfully obtained property, the following are subject to compensation:

• Income extracted by an unworthy heir from such property.
• Potential income (which could have been extracted from the moment when he learned or should have learned about the unjustification of his enrichment) - clause 1 of Art. 1107 of the Civil Code of the Russian Federation.

How to be recognized as unworthy after inheriting

If the inheritance has already been distributed and certificates have been issued, then a citizen can be deprived of inheritance rights only through a judicial procedure.

If a person is an unworthy heir by law, in accordance with paragraph 1 of Art. 1117 of the Civil Code of the Russian Federation, then it is necessary to recognize the actions of the notary in issuing him a certificate of the right to inheritance as illegal.

According to Art. 49 “Fundamentals of the legislation of the Russian Federation on notaries”, a person who considers the notarial actions performed to be illegal has the right to file a complaint (application) about this. It is submitted to the district court at the location of the state notary office or private notary.

A dispute about the right that has arisen between heirs, based on a completed notarial act, is considered by a court or arbitration court in the manner of claim proceedings.

In case of malicious evasion of the obligations to support the testator, recognition as unworthy is similar to the procedure before entering into inheritance. After the relevant court decision comes into force, it must be transferred to the notary who previously issued the certificate.

He makes decisions on the annulment of previously issued certificates of the right to inheritance.

How to restore inheritance rights to an unworthy person

A decision made by a notary or a court can only be challenged in court.

In case of refusal to issue a certificate of inheritance, a complaint (application) may be filed with the district (city) court at the location of the official whose decision (actions) are being appealed. The application is submitted to the court within 10 days from the day when the applicant became aware of the refusal to perform a notarial act - Art. 310 Code of Civil Procedure of the Russian Federation.

But since in most cases there is a dispute about the right, a statement of claim is filed - if the defendants are co-heirs, the notary - a third party.

If it is the actions (inactions) or decisions of an official (notary) that are purposefully challenged, then an administrative claim is filed to declare the actions of the notary (or other authorized person) illegal - Art. 218 CAS RF.

A court decision to exclude a person from inheritance can be appealed on appeal within 1 month from the date of its adoption in final form. Appeals are filed through the court that made the decision - Art. 321 Code of Civil Procedure of the Russian Federation.

After the court decision enters into force, there is another option for a cassation appeal. Cassation appeals are filed with a cassation court of general jurisdiction within 3 months from the date of entry into force of the appealed judicial act - Art. 376.1 Code of Civil Procedure of the Russian Federation.

Arbitrage practice

Quite often, courts reject the claims of heirs. The main reason is the lack of proper evidence. However, there is also good practice on this issue. Let's consider several situations.

Example. The plaintiff applied to the court with a request to include ½ of the house in the estate. It was also announced that the applicant was recognized as unworthy. The woman alleged that her mother married the defendant. They bought a residential building with common money. The mother later died from the injuries inflicted on her. The culprit of the crime was the defendant, which is confirmed by the verdict of the Sakmarsky District Court. According to the woman, the defendant is an unworthy heir. Consequently, she is the only claimant to her mother's property. The woman submitted her application for acceptance of the inheritance in a timely manner. However, she cannot conduct an inventory of the living quarters because the defendant is serving time in prison. The stated requirements are satisfied in full. (Decision of the Sakmara District Court dated April 10, 2012, case No. 2(2)-180/2012).

The basis of the judicial act was a previously passed sentence in a criminal case. It clearly shows that the inheritance was opened due to the unlawful actions of the defendant. Therefore, the court declared him an unworthy applicant.

Example. The plaintiff asked to recognize the defendant (heir) as unworthy. The man claimed that his brother illegally took possession of the joint housing that belonged to their family. And later, the defendant somehow convinced their mother to make a will for herself. The defendant filed a counterclaim - his claims were similar. The key role was played by the court decision, which declared the order invalid. There was also evidence in the case that one of the applicants abandoned the property in favor of the defendant. These actions led to a decrease in part of the plaintiff’s inheritance. The stated demands were satisfied (Decision of the Caspian City Court dated May 22, 2012).

Lack of dignity

Legal battles between relatives over inheritance are always a difficult dilemma. And often not so much material or moral as legal. This was clearly demonstrated by the Supreme Court’s analysis of an almost “standard” inheritance dispute, when the testator’s children considered his new wife an unworthy heir.

This story happened in Krasnodar. There, a citizen filed a lawsuit with the district court - with a request to recognize her father's wife as an unworthy heir. In court, the woman said that her father did not leave a will and after his death, his children from a previous marriage and his current wife, or more precisely, his widow, applied for the inheritance according to the law. But, according to the children, on whose behalf one of the daughters spoke, the widow is an unworthy heir. The plaintiff assured the court that this woman did not take any part in caring for her seriously ill husband, did not live with him, did not manage the general household, and did not provide financial assistance to the patient, although he needed it. And later, when the person died, she did not participate in the funeral costs.

In support of her words, the plaintiff demonstrated in court the decision of the same district court to recover a large sum from the wife in favor of the husband. The plaintiff also included a police certificate in the file, where the husband complains to his wife that she stole his dog and five thousand rubles.

After listening to the plaintiff and considering the evidence, the Prikubansky District Court denied the plaintiff. She complained to the regional court. By the appeal ruling of the judicial panel for civil cases of the Krasnodar Regional Court, the district refusal was canceled and a new decision was made in the case - to recognize the widow as an unworthy heir and exclude her from the list of heirs.

Now a widow has appealed to the Supreme Court of the Russian Federation, disagreeing with this verdict. The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation studied her arguments and considered them fair.

Here is the high court's analysis of the case. The citizen entered into a marriage. And three years later he sent the magistrate a request to dissolve this marriage. The plaintiff did not live to see the trial - two months later he died. The deceased did not leave a will, so three of his children and his widow applied to the notary to accept the inheritance according to the law. The district court, refusing to recognize the daughter as an unworthy heir, wrote that her evidence “does not indicate the existence of legal grounds for recognizing the defendant as an unworthy heir.” Let us recall that Article 1117 of the Civil Code speaks of an unworthy heir.

The regional court, when it overturned this decision of its district colleagues, on the contrary, considered the plaintiff’s evidence sufficient to exclude the defendant from inheritance “due to her malicious evasion of the duties of maintaining the testator.” The Supreme Court of the Russian Federation did not agree with this decision.

According to Article 1117 of the Civil Code, citizens who “by their deliberate unlawful actions directed against the testator or his heirs” tried to recognize themselves as heirs or receive more than they were entitled to will never become heirs, either by law or by will. But these actions must be confirmed by a court decision. To confirm its words, the high court also cited a special plenum of the Supreme Court (dated May 29, 2012 No. 9), at which controversial issues in inheritance cases were dealt with. They also talked about unworthy heirs. And it was emphasized: illegal actions against the testator, or one of the heirs, or “against the implementation of the last will of the testator, expressed in the will,” are all grounds for the loss of inheritance rights. But if these actions are intentional. Moreover, the motives or goals of these actions do not matter.

The court will remove the heir for the reason that he does not support the testator, only if it is proven that the person maliciously evaded his duties

Illegal actions against the last will of the testator are, for example, falsification of a will, its destruction or theft, forcing the testator to cancel or correct the will, attempts to force the heirs to renounce the inheritance. But the main thing is that everything listed in Article 1117 of the Civil Code about an unworthy heir will “work” if there is confirmation “in court.” This may be a court decision in a civil case (for example, invalidating a will made under threat or violence), or a verdict in a criminal case.

At the plenum, which has already been discussed, the following idea was emphasized. If a requirement to exclude a citizen from inheritance by law is being considered, then the courts must take into account that the requirements for the maintenance of the testator, malicious evasion of which will be the basis for removal, must be confirmed by the alimony obligations of family members established by the Family Code. That is, between parents and children, spouses, brothers and sisters, grandparents and grandchildren, stepsons and stepdaughters, stepfathers and stepmothers. Simply put, if we are talking about the fact that a person was not supported during his lifetime, then the obligation for such maintenance should be established by the court, or more precisely, by the decision on the assignment of alimony.

And the malicious nature of such actions in each case must be determined taking into account the duration and reasons for non-payment.

The court will remove the heir for the reason that he does not support the testator only if it is proven that the person maliciously evaded his duties, and this must be confirmed by a court decision on the assignment of alimony, a certificate from the bailiffs that there is a debt, and other similar evidence. Also, evidence of “malicious evasion” will be that the alimony payer hid his real earnings in order to pay less, or changed his job or place of residence for this purpose.

In our case, the regional court, disagreeing with the decision of the district colleagues, established the following circumstances. The magistrate's court considered the deceased's claim for divorce. This was in December. The wife asked for a period of time for reconciliation, which the judge did, postponing the case for a month. But two weeks later, the husband was hospitalized in intensive care. Witnesses from the children said that his wife did not visit him there. From this, the appeal concluded that the spouse asked for a period for reconciliation in order to stall for time and become an heiress.

From the case materials it is clear that the husband wrote a complaint to the police against his wife and filed a claim in court under the loan agreement. This claim was granted. The deceased’s daughter believes that her father’s wife specifically asked him to borrow money in order to reduce the inheritance. From this, the regional court concluded that the widow was an unworthy heir. But, according to the Supreme Court, the widow's actions do not fall under the article on an unworthy heir. The spouse’s statement - to postpone the trial and give time for reconciliation - cannot in any way be evidence of an “intentional unlawful act” in order to become an heir. The deceased's complaint to the police against his wife has no legal significance at all for this dispute, since the police responded by refusing to initiate a case. The district court's decision to pay the debt under the loan agreement also does not prove the widow's “deliberate actions” to make the inheritance smaller. After all, the repayment of the debt is a court decision that has entered into force, and according to the Civil Code (Articles 1110 and 1112), the requirement to repay the debt is inherited. Consequently, the amount of the inheritance has not changed.

Demanding that the widow be recognized as an unworthy heir, the daughter of the deceased referred to paragraph 2 of Article 1117 of the Civil Code. According to this point, the Supreme Court of the Russian Federation emphasized, one can become unworthy only by maliciously evading the fulfillment of the obligation to pay alimony established by the court. In our case, such a decision was not made at all.

As a result, the Supreme Court overturned the decision of the regional court as incorrect and recognized the decision of the district court as correct and legal.

Restoring the rights of unworthy heirs

What to do if you are recognized as an unworthy heir? Is there really nothing we can do and will we have to accept the situation?

Restoration of lost rights occurs through the courts. For example, if a citizen has been deprived of parental rights, he can restore them when life conditions arise: this includes changing his previous lifestyle or attitude towards the issue of raising children. A parent who has lost parental rights can initiate a court hearing (Article 72 of the RF IC).

For example , the father was deprived of parental rights for drinking alcohol, lack of work, and failure to pay child support. Over time, he came to his senses, got a job as a mechanic at a factory, got rid of bad habits, found money and began to transfer part of the funds to his son. Given the dramatic changes in his life, the father may apply for restoration of parental rights. Consequently, he will be among the child's heirs.

If there is a court decision regarding a deceased parent, his descendants can apply to the court to review the decision. However, they will need to provide convincing evidence of his innocence: medical reports, SSP certificates about debt repayment, a job description, a 2-NDFL certificate of income, an extract from the Unified State Register of Property Rights, an application from the second spouse, etc.

Heirs unlawfully interfering with the course of inheritance

The first group of persons excluded from inheritance are citizens who, through their deliberate unlawful actions directed against the testator, one of his heirs or against the implementation of the testator’s last will expressed in the will:

• contributed or attempted to promote the calling of themselves or others to inheritance;
• or contributed or attempted to promote an increase in the share of the inheritance due to them or others.

These circumstances must be confirmed in court.

The Civil Code does not contain a specific list of acts that entail exclusion from inheritance. Instead, the legislator identifies the following features:

• the action is directed against the testator, any of the heirs or the last will;
• intent;
• illegality.

And, as a consequence of these acts, a calling or attempted calling to inheritance (increasing the inheritance share).

Resolution of the Plenum of the Armed Forces of the Russian Federation dated May 29, 2012 No. 9 clarifies that the motive - be it self-interest, jealousy or hooligan motives - does not matter (subparagraph “a”, paragraph 19).

Here is an approximate list of actions against the implementation of the testator’s last will:

• forgery of a will;
• destruction or theft of a will;
• forcing the testator to make or revoke a will;
• forcing heirs to renounce inheritance.

Russian inheritance law is based on the fact that persons who interfere with the course of inheritance are removed from it by force of law. A claim to declare an heir unworthy is not required.

To eliminate someone from inheritance, only a judicial act is required that confirms the grounds of unworthiness. The notary who formalizes inheritance rights, on the basis of the presented judicial act, decides the issue of the circle of persons called for inheritance.

However, in practice, cases of declaring an heir unworthy are common, in which the plaintiff, in the absence of previously held trials, asks the court to establish the intentional and unlawful nature of the heir’s behavior, which contributed to his calling to inherit or increase his share.

Appeal ruling of the Moscow Regional Court dated July 22, 2015 in case No. 33-17093/2015:

At the time of filing this claim with the court, the defendant was found guilty of committing a crime under Part 4 of Art. 111 of the Criminal Code of the Russian Federation. Refusing to accept the claim, the judge correctly indicated that the issue of recognizing the heir as unworthy and removing him from the inheritance, in the presence of a court verdict against the heir that has entered into legal force, is not subject to consideration in the courts in civil proceedings, since this issue must be resolved by a notary, in the production of which is a hereditary matter.

Determination of the Supreme Court of the Russian Federation dated June 19, 2018 No. 18-KG 18-53:

The plaintiff, taking into account the specified requirements, filed a lawsuit against A.V.N. on recognition as an unworthy heir and on exclusion from the number of heirs. In substantiating the claims, the plaintiff pointed out that the defendant was the testator’s wife, did not take any part in caring for her seriously ill husband (testator), did not live with him, did not manage a common household, did not provide material assistance, despite his helpless situation and need. in permanent care, did not participate in funeral expenses. The testator filed statements with the police department of the Prikubansky District of the Ministry of Internal Affairs of Russia in the city of Krasnodar about the unlawful actions of the defendant, in which he indicated the theft of a dog and money in the amount of 5,000 rubles.

By the decision of the Prikubansky District Court of Krasnodar dated December 20, 2021, in satisfaction of the claims of Antipova D.V. denied. The Supreme Court agreed with the court's decision.

Appeal ruling of the Moscow City Court dated September 20, 2016 in case No. 33-36049/2016:

G.N. turned to Yu. with a counterclaim to recognize him as an unworthy heir, citing the fact that she is the heir of B., who died (date). By the verdict of the Perovsky District Court of Moscow, Yu. was found guilty of committing crimes under Part 1 of Art. 163, part 1 art. 162 of the Criminal Code of the Russian Federation. His mother G.E. was recognized as one of the victims in the criminal case against Yu. (testator). The court verdict established that Y. committed robbery, that is, an attack for the purpose of stealing someone else's property, with the threat of using violence dangerous to life and health, with the use of violence dangerous to life and health against G.E. According to the testimony of the victim G.E., Yu. beat her with his hands, grabbed her by the hair, knocked her to the floor, began to kick her, while demanding the transfer of money and keys to the apartment, forced her to write a power of attorney for ownership of the apartment, threatened to kill her, in connection with than she perceived these threats realistically. Believes that the crime committed by Yu. against G.E. and confirmed in court by a court verdict was aimed at increasing Yu.’s share in the inherited property, since the seizure of the keys to the apartment at the address, as well as obtaining a power of attorney for the disposal of the above apartment could entail irreversible consequences associated with the deprivation of G.E.’s property.

The counterclaim of (F.I.O.) to (F.I.O.) for recognition as an unworthy heir is satisfied.

Determination of the Moscow City Court dated June 24, 2016 No. 4 g-5935/2016:

In support of the requirements for recognition of K.E. unworthy heir, the plaintiffs in the original claim indicate that she committed actions indicating that she was trying to increase her share in the inherited property, namely: - sold a car ***, state registration number ***, worth ** * rub. after the death of K.V.V.’s husband, in connection with which the heirs had to seek monetary compensation in court; - withdrew from the accounts of VTB Bank 24 CJSC after the death of K.V.V. funds in the amount of *** rub. and *** rub., the share of the deceased K.V.V. amounted to *** rubles, in favor of each heir it was necessary to recover in court an amount of *** rubles. K.E. owned 100% of the shares of OJSC Novosibirsk Geological Expedition, which were acquired during the marriage period under a purchase and sale agreement. After the death of K.V.V. K.E. sold the company's property, which practically led to the bankruptcy of Novosibirsk Geological Expedition OJSC, reduced the value of the property transferred to the heirs, devalued it, and received benefits from the sale of the property. K.E. concealed diamonds worth *** rubles, and therefore had to recover funds from her in court. K.E. hid the all-terrain vehicle ***.

Counterclaims by K.E. on recognition as unworthy heirs K.M.V., K.A., ***, K.V.M., K.M.V. to the property of the deceased K.V.V. justified by the fact that the defendants in the counterclaim hid a collection of paintings, a night vision device, a Swiss watch, gold-framed glasses, a gold chain, a bracelet, cufflinks, and cash in the amount of *** rubles from the division of the inherited property.

The court of first instance reasonably proceeded from the fact that the parties’ arguments in support of the requirements to recognize the heirs as unworthy in connection with their actions (inaction) in failure to report information about the volume of K.V.V.’s inherited property, its location, independent disposal of the deceased’s inherited property, do not indicate the commission of actions that may lead to the recognition of the heirs as unworthy in relation to the provisions of Art. 1117 of the Civil Code of the Russian Federation.

Determination of the State Revenue Committee of the Armed Forces of the Russian Federation dated June 18, 2013 No. 18-KG 13-53:

In one of the cases that caused difficulty, the heirs under a will, in order to obtain intestate property, tried to establish a relationship with the testator, bypassing the procedure prescribed by law. The Supreme Court of the Russian Federation did not agree with the acts of lower courts declaring the heirs unworthy.

Determination of the State Revenue Committee of the Armed Forces of the Russian Federation dated November 21, 2021 No. 18-KG 17-202:

In another case, where the lower courts found the heir unworthy, the latter, being the heir of the house under the will, apparently fearing the cancellation of the will or the claims of the compulsory heirs, convinced the testator, who by that time did not understand the significance of the actions being performed, to make a lifetime donation of the house. The Supreme Court of the Russian Federation, canceling judicial acts, in particular, proceeded from the fact that the actions of the heir in concluding a contested gift agreement with the testator and subsequent transactions cannot be considered aimed at increasing his inheritance share.

Recognizing the recipient of a fortune as unworthy without the participation of a notary

This is inevitable if:

• The court issued a verdict regulating all aspects of the inheritance case. It may not only state the improper purchaser of the hereditary property, but also make a division of the acquired property between those who wish. This paper replaces a certificate presented by a notary. In this case, the case being processed by the notary must be terminated. In such a situation, the participating entities only need to notify the notary;
• Re-registration of the owner's powers in the name of the heirs is carried out on the basis of a judicial act. This is possible due to the delay of the trial and the failure to submit to the notary an application to suspend the execution of actions in the case until a verdict is made. By this time, the succession case will be terminated and the document will be presented (at the end of six months from the date of death of the testator), that is, after entering into the inheritance.

Legally significant conditions for the removal of heirs

It is worth highlighting the following legally significant conditions for the exclusion of heirs from inheritance, arising from the meaning of Art. 1117 of the Civil Code of the Russian Federation and clarifications of the resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases”:

1. the actions of the heirs must be unlawful in relation to the testator or other heirs;
2. the actions of the heirs must be intentional in relation to the testator or other heirs;
3. the actions of the heirs must be directed against the testator or other heirs;
4. With the help of his actions (direct or indirect), the heir tried to promote his calling to inheritance or increase his share in the inheritance.

It is important to emphasize that the legislator does not indicate specific types of crimes, conviction for which may lead to the recognition of a person as an unworthy heir.

Based on this, such criminal acts may include attacks on the life of the testator and on his health. In other words, a person can be recognized as an unworthy heir both in the case when he commits the murder of the testator, and in the case when the person causes harm to the health of the testator.

At the same time, the motives and purposes of committing such criminal acts by unworthy heirs in relation to the testator are not taken into account, as well as the occurrence of the corresponding consequences (clause 19 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases” ).

An unworthy heir is a person who, by virtue of Art. 87 of the Family Code of the Russian Federation does not provide the necessary care and maintenance for their parents and other persons who, by virtue of the law, have the right to alimony maintenance.

Persons who committed socially dangerous illegal acts under the age of 14, in a state of insanity (when the person did not realize the actual nature of his actions and (or) did not direct them), or passion are not recognized as unworthy heirs.

Dyurtyulinsky District Court of the Republic of Bashkortostan

An example of such a situation is a civil case in the Dyurtyulinsky District Court of the Republic of Bashkortostan, on which a final decision has not yet been made: gr. S.B. Khamatgaliev systematically committed illegal, deliberate actions against his mother Z.A. Khamatgaliyeva (systematically beat her). This fact is confirmed by the case materials. After one of these beatings, the son of Z.A. Khamatgalieva was taken to the hospital, where she died.

From the medical documents it follows that Z.A. Khamatgaliyeva suffered “bodily injuries in the form of bruises in the frontal region on the right, right shoulder, chest on the left, perineum, left thigh, left knee joint, anterior abdominal wall, back, left buttock, bruised wound in the parietal-temporal region on the right... by hard blunt objects, considering their properties and character, shortly before death.”

The first legal justification for our position is that the actions of such an heir: firstly, are systematic; secondly, illegal; thirdly, intentional; fourthly, directed against the testator; fifthly, they directly or indirectly contribute to calling such an heir to inheritance or increasing his share in the inheritance.

In other words, the features we identified earlier are included in the meaning of Art. 1117 of the Civil Code of the Russian Federation. The systematic nature of the illegal, deliberate actions of the heir against the testator only emphasizes the validity of applying Art. 1117 of the Civil Code of the Russian Federation.