Article 1158 of the Civil Code of the Russian Federation. Refusal of inheritance in favor of other persons and renunciation of part of the inheritance (current version)

Lawyer's answers to private questions

My husband has a son from his first marriage. A month ago my husband died. He still had 2 apartments and a car, and he also had a bank loan. Can my youngest son and I claim only one apartment, and let the eldest son take the other property and loan?

This property issue needs to be resolved with the son. If he agrees to conclude an agreement with a notary on such a division of property, then this is possible. The loan will still be divided between you, in proportion to the received share of the inheritance. If he does not agree to such a division, then all property and credit will be divided in equal shares between you, 1/3 share each.

After my grandfather's death, I was left with an apartment and a car. My aunt (daughter of the deceased) and I are entering into the inheritance. She always used the car during her grandfather’s life. I don't want to claim it. Can I refuse it?

In this situation, you and your aunt need to enter into an agreement on the division of inherited property. To do this, contact a notary who handles the inheritance case.

Grandfather wants to bequeath an apartment to me. But he also has a house and a dacha. He leaves them to his wife. She is a pensioner and has the right to an obligatory share in the inheritance. Can she refuse the obligatory share in my favor?

Inheritance by law (as an official spouse) and inheritance of a compulsory share are 2 grounds for receiving an inheritance. Therefore, the grandfather’s wife will be able to refuse the obligatory share and accept the inheritance according to the law. But you cannot force her to do this. This must be her personal decision, certified by a notary. Moreover, you can write a refusal only after the death of your grandfather.

Arbitrage practice

Let's look at a few examples of decisions in cases of refusal of inheritance in court:

1. The plaintiff lives in the inherited property, pays utility bills, maintains residential and non-residential premises in good condition, but does not want to inherit. I did not apply to the notary to open a case or to refuse it. In addition to the plaintiff, there are two more legal successors who also did not file any statements. In court, the man asked to satisfy the request for refusal in favor of another heir - the son of the testator. By decision No. 2-253/2019 2-253/2019~M-242/2019 M-242/2019 dated June 20, 2021 in case No. 2-253/2019 the claim was satisfied.
2. The man died; during his lifetime he owned a residential building with outbuildings and a plot of land. His wife and daughter (plaintiff) were to inherit the inheritance. The daughter did not have time to complete the application before 6 months and asked the court to recognize her as abandoning the property in favor of her mother. By decision No. 2-172/2019 2-172/2019~M-122/2019 M-122/2019 dated April 16, 2021 in case No. 2-172/2019, the requirements were satisfied.
3. The plaintiff asked the court to recognize her as refusing to inherit the property of her deceased son in favor of the defendants. By decision No. 2-298/2018 2-298/2018 ~ M-191/2018 M-191/2018 dated June 26, 2021 in case No. 2-298/2018, the requirements were satisfied.

How to refuse a minor

The guardianship and trusteeship authority must give permission for such actions from the minor. He cannot personally process the refusal. His parents or guardian do everything for him.

To obtain this permit, you must submit the following documents:

• statement from a guardian or parents;
• a child’s application with consent to refuse (written in person if the child is 10 years old);
• certificate of inheritance;
• a copy of the testator's death certificate;
• a copy of the passport of the guardian or parents;
• a copy of the birth certificate (passport) of the minor;
• a photocopy of a certificate of the child’s place of residence;
• written explanations for the refusal (describe the reason).

Five calendar days are given to the guardianship authority to decide on the decision and notify you about it. If the permission is positive, then take it along with the above package of documents and go to the notary. Already there on the spot write a statement of refusal to inherit.

In whose favor a refusal can be issued under the law (relative, non-relative, state...)

The list of persons in respect of whom a targeted refusal can be issued is established by law.

Transfer of property rights is permitted in the following cases:

1. If there is a will, the property can be abandoned in favor of the persons specified in the administrative document. If there is only one applicant, then targeted refusal is prohibited. You can only distance yourself completely from the remaining property. Consequently, it will go to the close relatives of the deceased citizen in the manner prescribed by law.
2. If there is no will, then the heirs of one line can transfer their part of the property to one of the relatives of the same line.

The law does not provide for targeted refusal in favor of the state. If relatives of the 1st or 2nd line do not want to accept the property, then it goes to the next line of applicants. And only after all the heirs have refused, been eliminated or have not accepted the inheritance, it is recognized as escheat and goes to the state.

Important! The law does not provide for the possibility of canceling a refusal of inheritance. The exception is the situation when a citizen drew up a document under duress. However, this must be proven in court.

What documents are needed

To write an application for refusal, you only need a passport, unless the will indicates the degree of relationship with the legal successor. For example, the deceased wrote in the will: “I bequeath the apartment to my sister.” A sister who decides to give up the apartment in favor of her daughter must provide documents about the relationship, i.e. prove that she is indeed the testator's sister.

Crib

So, let’s consolidate the material on how to refuse an inheritance:

1. We draw up a statement of refusal of inheritance. If we send it by mail or through an authorized representative, we certify our signature notarized.
2. We prepare the necessary documents.
3. We submit the application together with the attachment in person, by mail or through a representative to the notary conducting the inheritance proceedings.

Have you ever encountered a similar situation? Tell us why you decided to refuse the inheritance?