You can’t just give up kinship like that. The law does not provide such a norm for an adult. You can try to dissolve family relations only in court, and if one of the relatives has committed a crime against the plaintiff.
Deprivation of parental rights and renunciation of kinship are different procedures. In addition, parental rights can only be deprived of a minor child. If an adult wants to officially abandon his mother, then he only needs to go to court with evidence of the parent’s unlawful actions.
That is, you won’t be able to just officially renounce one of your relatives.
How to renounce a relationship through court?
To formalize the procedure for renouncing family ties through the courts, it is necessary to file a claim in which there will be a request to terminate all relations with relatives.
A minor citizen must first prove his independence. Citizens who have reached the age of majority do not have the right to file such claims.
In some cases, judicial authorities may refuse to carry out this type of procedure:
- when drawing up the claim, the information was not provided in full;
- the stated reasons are not compelling and there is no evidence;
- there are no witnesses who prove the existence of reasons for refusing family ties.
Let's celebrate! After submitting the application, you must wait a certain time for the decision of the judicial authority.
Procedure
To renounce family ties, you should perform the following algorithm of actions:
- contact child protection services for assistance in completing the procedure;
- obtain a certificate of independence of a person. The essence of such a document is employment and the ability to provide independent living without the help of relatives;
- submit the documentation to the judicial authorities and wait for a decision.
Note! To file a claim with the judicial authorities, it is necessary to submit documents of the citizen submitting the application and a certificate from the place of work, as well as witness statements.
How to file a claim?
To create a claim with the judicial authorities, you must provide the following type of information:
- name of the judicial authority;
- indicate the full details of the person submitting the application;
- reasons for abandoning family ties;
- presence of witnesses;
- request to grant the request;
- list of attached documents.
Let's celebrate! When compiling it yourself, mistakes may be made that will negatively affect the process.
Reasons for refusal of family ties
You can waive family obligations by filing a claim with a judicial institution and indicating the reasons.
The process may be considered for the following reasons:
- abuse of a child or relative who files a claim with the courts;
- alcohol or drug addiction;
- abuse of parental rights in relation to a child;
- other types of personal reasons.
Let's celebrate! If an application for refusal is submitted by a teenager, before contacting the judicial authorities it is necessary to prove the fact of the citizen’s independence and the possibility of further residence without parental guardianship.
Judicial procedure for deprivation of rights
When the reason for the refusal may be the inappropriate behavior of the father, and there is documentary evidence of this, an application is submitted to deprive the status of a parent while maintaining obligations to provide for the child. The claim is prepared and filed in the district court. And the guardianship authorities are required to be present at the hearing of the case. If the grounds for termination of paternity were serious misconduct and illegal actions of the defendant, employees of the prosecutor's office will also take part in the meetings.
If the attendance of representatives of the guardianship and the prosecutor is not ensured, the court decision is considered invalid.
In addition to documents proving an immoral lifestyle, abuse of a minor, drug or alcohol addiction, a state fee of 300 rubles is paid. See what documents are needed to deprive paternity.
It is important to note: when paternal authority is terminated, there is no talk of release from duties; supervisory authorities will monitor that the deprived father fulfills the duties established by law in relation to the minor.
To help prove the existence of grounds for denial of paternity, documents characterizing the personality of the father, reviews of neighbors, colleagues, and medical certificates (if various forms of dependence are confirmed) are called upon.
How to prove and establish relationship with the deceased
Family relations are regulated not only by moral, but also by legal norms, and imply the presence of rights and responsibilities. To exercise some rights, usually those that entail legal consequences, confirmation of family ties is required.
So, if the heir has received a written refusal from the registry office, he will have to go to court to establish family ties. Article 264 of the Code of Civil Procedure of the Russian Federation contains a list of cases on the establishment of legal facts that are considered in special proceedings, among them - cases on confirmation of the fact of kinship.
Refusal by mutual consent
Intrafamily adoption will require not only the renunciation of one parent's rights, but also consent to adoption from the other. Therefore, the waiver of rights in intra-family adoption is mutual.
If the mother does not want her new husband to become the official father of the child, then the refusal of the blood father has no legal force. Paternal rights remain with him. He is also required to continue paying child support.
Voluntary refusal has retroactive effect. If a man changes his mind within six months, he can restore his rights.
Who will not inherit after your death?
In fact, a will can solve quite a lot of problems in your situation.
In case of disability or reaching pre-retirement age, your brothers and sisters do not automatically become heirs of the compulsory share. The law only considers them close enough to inherit if you've maintained them for more than a year. But if you were not forced to pay them alimony, then they will not inherit anything after you.
If you make a will in favor of another person, then even your parents will not receive a mandatory share of the inheritance after your death. True, only if the mother at that time is under 55 years old, and the father is under 60 years old and they are not disabled.
And parents will definitely not receive an obligatory share in the inheritance, regardless of their age, if they have been deprived of parental rights.
When refusal is unacceptable
Articles 1157 and 1158 of the Civil Code of the Russian Federation speak about the circumstances when refusal of inheritance is unacceptable:
- escheated property is inherited (this is for municipalities);
- if you refuse in favor of persons deprived of inheritance (they can be both those indicated in the will and those recognized as unworthy heirs by the court);
- refusal of part of the inheritance (the inheritance is accepted in full, including debt obligations);
- if you establish a condition of refusal, reservations in this case;
- when another heir is assigned to the heir;
- refusal of the obligatory part of the inheritance;
- making a refusal in favor of those not specified in the will. However, this rule does not apply if there is a mixed inheritance (part of the property by will, and part by law);
- refusal in favor of a stranger, that is, not a relative and not indicated in the will.
Personal interests and comfort are a priority
It is important to understand the main thing here - you are an adult, you have your own life, perhaps you have a family. For you, this is your priority - your interests and the interests of your spouse and your children. Why should you, as an adult, look for some excuses for yourself? For what? If you don’t like annoying communication, you can minimize it by citing being busy, and if this communication is toxic, then completely eliminate it from your life. At the end of the day, it's your life, and you decide who you associate with and who you don't.
There is an opportunity and desire to help in some situation, please, there is no such opportunity and desire, no one can force you except yourself. Everything depends on you. Do not allow yourself to be manipulated and pressured into pity, or instilled in you with a feeling of guilt.
It is clear that in life there are different situations, even some extreme ones, when you really need help, but for the most part it all comes down to ordinary everyday problems: visits without warning, visits with checks, unsolicited advice, requests to take/bring/ shelter / give money / get a job. If such “related” schemes give you trouble, is it worth participating in them?
Who are the unworthy heirs?
And in Russian legislation there is the concept of “unworthy heirs”, which is overgrown with a huge number of myths. The legal meaning of this term has little to do with its moral meaning, but people are seriously demanding in court that the right to inherit an apartment or house be deprived of those close relatives with whom the deceased did not have a good relationship. And because of the primordial Russian principle of not washing dirty linen in public, even the most terrible relatives cannot be recognized as unworthy heirs who have no right to an obligatory share or the inheritance as a whole.
To prevent relatives from receiving an obligatory share of your property after your death, you need a court verdict by which each of these relatives will be found guilty of an attempt on your life and health or the life and health of those whom you indicated in the will.
Certificates from the emergency room that your brother beat you, or your appeal to the police with a complaint about your evil sister will not be grounds for their unconditional disinheritance. To be 100% sure that your relatives will not get anything after your death, you need to go a long way to a guilty verdict, and then hand over a copy of the verdict to the chosen heir so that he can object to the claims of your relatives.
In short: there are ways not to share with relatives, but you cannot refuse relatives.
T—F for friendly relations with relatives.
Reasons for refusal
Statistics show on average every eighth person does not want to accept the inheritance and writes a refusal. Common reasons are:
- debts of the testator (unpaid loans, mortgages, debts for housing and communal services);
- low value of the property (after paying for the services of a notary for registering an inheritance, state fees, in fact you get pennies);
- impossibility of dividing property between several heirs (for example, an inherited car that is inherited by 3 heirs);
- the inheritance is in a deplorable condition (for example, a house or apartment), and more money needs to be spent on bringing it back to normal condition than the value of the inherited property itself;
- reluctance to fuss with registration (this motivation is especially common among people living far from the place where the inheritance was opened).
Links to legislative acts
- Civil Code of the Russian Federation Article 1157. The right to refuse inheritance
- Civil Code of the Russian Federation Article 1158. Refusal of inheritance in favor of other persons and renunciation of part of the inheritance
- Civil Code of the Russian Federation Article 1159. Methods of refusing inheritance
Restoring kinship through court
To establish kinship, they apply to the district arbitration authority at their place of residence or the place of residence of the defendant, providing documents confirming kinship ties or a certificate that they are missing and copies thereof. The plaintiff draws up an application asking to establish the relationship and pays the state fee (about 200 rubles).
Sometimes it is impossible to establish a relationship without an arbitration decision. For example, in case of loss of documents confirming the fact of family ties between distant relatives, errors in paperwork, requirements in the laws of foreign countries. When it is impossible to establish kinship without a judicial procedure, a lawsuit is filed in court to establish and confirm family ties. The application is submitted together with documents and other information confirming the fact of family ties between citizens.
Claim for the fact of termination of family ties
10 years since 2006, a minor born in 2003, whose father was deprived of parental rights and is registered at a different address, registered, but does not live in a municipal apartment with his grandmother, aunt and cousins. Lives with his mother in another city and is not with us sees each other and does not communicate. Is it possible to establish the fact of termination of family (family) relationships?
To do this, there is no need to establish the fact of termination of family ties. You, as the tenant of the premises, can file a claim in court against the father.
Minor children can be removed from the register only as those who have not acquired the right to use, that is, if the minor has not moved in or resided.
What is the difference between right of use and ownership?
You can use it without accepting inherited property, but you cannot own it. Ownership of an apartment or house, which is bequeathed, already confirms the fact of acceptance of the inheritance.
Example: A son and his mother lived together in the same apartment, which was registered in her name. She dies, he and his sister will be the legal heirs. But the son does not want to inherit the apartment, since he will not be able to “maintain” it due to the lack of regular income, but at the same time he wants to continue to live in it. In this case, it is best for him to write a refusal in favor of his sister, but at the same time he will retain the right to use the apartment premises.
Required documents
To consider the case, the following documents must be submitted:
- application for confirmation of relationship;
- available documents for the person with whom the relationship is being proven;
- personal documents of the plaintiff;
- receipt of payment of state duty;
- genetic examination (if necessary);
- documents of witnesses speaking at the court hearing.
Let's celebrate! All documentation is submitted in several copies, the originals are attached to the copies.
Establishing a family relationship with the testator 2021
If the documents submitted to the notary lack at least one certificate, without which it is impossible to trace the chain of relationship between the deceased testator and the person who expressed the will to accept the inheritance (birth certificate, marriage/divorce, change of surname, etc.), such person cannot be called upon by a notary to inherit by law.
Thus, the fact of timely contacting a notary with an application to accept the inheritance will be recorded, which will subsequently relieve the heir from the need to restore the deadline for accepting the inheritance if the process of establishing the fact of kinship in court is delayed and goes beyond the 6-month period for accepting the inheritance.
Consequences for parents
Voluntary refusal to receive alimony payments for child support frees one of the parents from mandatory payments and significantly limits the rights of the second parent to collect alimony in the future.
This is possible, but only from the moment of application, and not for the three previous years, as happens in classical cases.
In this case, the parental rights of the former spouse are not affected. For example, a father may continue to provide child support voluntarily to the extent possible.
It is advisable to record this moment, for example, take a receipt from your ex-wife for accepting the funds. If in the future she wants to accuse you of evading the maintenance of a minor child, the receipts will become a powerful argument for the court.
Some people mistakenly believe that giving up parental rights frees them from having to pay child support. Even if the deprivation of parental rights occurred by court, the former parent is obliged to pay funds for the maintenance of the child until he is adopted by another family.
Family relationships
How to establish a family relationship between mother and daughter.
- How to obtain a death certificate if there is no longer a family relationship.
- Is it possible to renounce a relationship from a sibling?
- Publications
- Help me draw up an application to establish family relations in court.
- I want to dissolve my family relationship with my mother.
- How to dissolve a relationship with a sibling?
- How to confirm family relationships?
In what sense is there “no kinship relationship?” Kinship cannot be canceled or terminated. Probably a question about former spouses who are no longer members of the same family.
How to dissolve a family relationship
The criminal history of relatives or other individual reasons may serve as a factor in which some citizens refuse to be related to their relatives.
It is clear that marriages between representatives of the direct line are strictly prohibited (Silchenkov, “Practical guidance for performing parish services”). The lateral line reflects, for example, the relationship between However, this type of procedure has a large number of nuances that must be observed in order to obtain a certificate confirming the renunciation of kinship. To obtain an official waiver of kinship, it is necessary to provide compelling reasons on the basis of which the case will be considered. It is impossible to officially renounce a relationship; you can only obtain a certificate of termination of family ties, for example, between a brother and sister.
In rare cases, termination of kinship may be carried out taking into account compelling reasons, which are considered by the judicial authorities and a decision is made in favor of one of the participants in the process.
You can waive family obligations by filing a claim with a judicial institution and indicating the reasons. The process may be considered for the following reasons:
- alcohol or drug addiction;
- abuse of a child or relative who files a claim with the courts;
- abuse of parental rights in relation to a child;
- other types of personal reasons.
To formalize the procedure for renouncing family ties through the courts, it is necessary to file a claim in which there will be a request to terminate all relations with relatives. A minor citizen must first prove his independence.
Citizens who have reached the age of majority do not have the right to file such claims. In some cases, judicial authorities may refuse to carry out this type of procedure:
- the stated reasons are not compelling and there is no evidence;
- when drawing up the claim, the information was not provided in full;
- there are no witnesses who prove the existence of reasons for refusing family ties.
To renounce family ties, you should perform the following algorithm of actions:
- obtain a certificate of independence of a person.
- contact child protection services for assistance in completing the procedure;
Brother's abandonment
Denial of Kinship Right Denial Administrative Law 3 votes 4 answers How to renounce kinship? I don't want to be related to my relatives.
How to refuse kinship? Is it possible? Denial of Kinship Law Denial Administrative Law 8 4 answers Is it possible to renounce kinship with the mother? She is the only close relative, I am already an adult.
Waiver of Kinship Denial Law Administrative Law 1 vote 1 answer Is it possible to formalize renunciation of kinship in court and how? Waiver of Kinship Law Denial Administrative Law 0 2 answers Can I waive my kinship with my grandmother?
Is it possible to legally dissolve the relationship between a brother and sister?
If an inheritance suddenly opens up on her part, write a waiver. Nothing else should bind you; well, if you really want to, you can also change your last name, but this does not formally bind you.
But if you are connected with her by some kind of civil law relationship (common property, housing, guardianship of minors, etc.), then everything will remain as it was, since your relationship does not play any role here. to favorites link to thank Radiant sun [85.
1K] Interesting question.
How to legally renounce kinship? Where is the algorithm of action on this issue? Relatives are very unpleasant, they won’t show this on TV worrying about the faint of heart, but all are very consciously cruel people, constantly coming up with what else they can put pressure on relatives or what they can fuck.
