Is it possible to refuse an inheritance after accepting it: terms, nuances

When such a situation arises in life, when the time has come to enter into inheritance rights, each person has the right to decide for himself whether he wants to accept the inheritance or wants to refuse it. But before you make this or that decision, you need to know a few important rules.

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  Firstly, such a decision must be made before the moment when it is necessary to draw up documents for the inheritance.

• Secondly, you can refuse or accept an inheritance only in full, and not in parts.
• Thirdly, if a person refuses an inheritance, then he will no longer be able to change his decision.

Refusal to accept inheritance

Before making a decision, a person first weighs all the nuances that speak for and against accepting the inheritance. Such nuances may be personal relationships with the testator or with other heirs, or the presence of debts, which, as is known, are also inherited. The decision made by the heir is called a unilateral transaction.

In order to accept an inheritance, as well as in order to refuse it, the law provides for a certain period, and it is equal to six months.

This period begins to count from the moment of death of the person whose property is inherited, regardless of the presence of a will, or from the moment the person is declared dead by a court decision.

You can write a refusal to inherit property both before entering into inheritance and after. For this purpose, a special application is drawn up, which must be notarized. In addition, you must confirm your signature. Such a statement must indicate the details of the person refusing the inheritance and the details of the person whose property he refuses to accept. If the refusal occurs in favor of specific persons or one person, then their details are indicated. There is no need to indicate the motivation for such actions.

A correctly drawn up application for renunciation of inheritance is submitted to the responsible notary, who draws it up and registers it in a special journal. From the moment the application is registered, the refusal comes into force.

There are situations when the heir does not refuse the inheritance, but does not assume the rights of the heir. If the deadline for renunciation of inheritance is missed, the refusal is issued automatically. But there is one significant difference between a formalized and unformed refusal of inheritance. It is no longer possible to challenge a registered refusal of inheritance, but if the refusal is issued automatically, you can file an application in court and challenge your rights at any time.

Step-by-step instructions on how to restore the right to inheritance after refusal

Algorithm of actions when canceling a refusal of inheritance:

1. Preparation of documents.
2. Filing a claim.
3. Payment of state duty.
4. Sending documents to court.
5. Notary notice.
6. Attending a court hearing.
7. Carrying out an examination.
8. Adjudication.
9. Obtaining a court decision.

The defendant in the process is the heir in whose favor the refusal is issued, or a notary (if the refusal is issued without indicating a specific recipient). In the first case, the notary is involved as a third party on the defendant's side.

Step 1. Collect documents

The list of documents for the claim includes:

• plaintiff's civil passport;
• receipt of payment of state duty;
• death certificate of the deceased;
• a document confirming the possibility of entering into an inheritance (will, document confirming family ties);
• refusal of inheritance;
• evidence confirming the existence of grounds for cancellation of the application.

So, it is quite difficult to cancel the refusal of inheritance. Therefore, it is necessary to collect maximum evidence that will confirm the existence of grounds for canceling the refusal. Among them:

• a court decision declaring the heir incompetent;
• medical documents confirming that the legal successor has a mental illness that prevents him from objectively assessing reality;
• evidence of the fact that the heir is intoxicated;

Note! The fact that a citizen abuses alcohol or that he is registered at a drug treatment clinic with a diagnosis of Alcoholism is not grounds for canceling the refusal. Only a handwriting examination can prove the fact of being in a state of intoxication at the time of registration of the refusal.

• documents confirming that the refusal was drawn up with a condition;
• information that the second heir threatened the refusenik with physical violence or blackmail (correspondence in instant messengers, call recordings).

Step 2. Prepare a claim to invalidate the refusal of inheritance

The statement of claim includes the following items:

• name of the court;
• applicant details;
• information about the plaintiff;
• data about a third party;
• name of the application;
• information about the death of the testator;
• grounds for the plaintiff to enter into inheritance;
• date and place of registration of the refusal;
• grounds for invalidating the refusal;
• reference to law;
• claim;
• list of documents for the claim;
• signature and date.

Sample claim

The statement of claim may contain additional requirements:

• on declaring the issued certificate of inheritance rights invalid;
• on the invocation of the right to an obligatory share in the inheritance;
• on the allocation of the marital share;
• on recognition of property rights by inheritance.

Step 3. Pay the state fee

In 2021, the state duty for a claim to challenge the refusal of inheritance is paid in the amount of 300 rubles. for each claim in the lawsuit. However, before you transfer funds, you should consider the following tips:

• You should not take payment details from the courts’ website (they are often outdated);
• details must be obtained from the court office;
• You can pay the fee through an ATM, terminal or bank branch (courts do not accept receipts from online banks);
• The original receipt must be attached to the claim, and a copy must be kept for yourself.

Step 4. Submit documents to court

Documents can be submitted to the court in the following ways:

• personally;
• by mail (if there is a list of attachments);
• through a representative (if there is a notarized power of attorney);
• through the GAS Justice service (if you have a qualified electronic signature).

The documents are sent to the court at the place of permanent registration of the defendant-heir or at the location of the notary's office (if the defendant is a notary).

Step 5. Notify the notary

If the heir decides to initiate the process before the certificate of inheritance rights is issued, then it is necessary to notify the notary as soon as the court accepts the application for consideration. That is, 5 days from the date of filing the claim.

Having received information about the legal dispute, the notary must suspend the issuance of a certificate of inheritance rights until the court decision enters into legal force.

If the process is initiated after the certificate is issued, then the notary is simply involved as a third party.

Step 6. Attend the court hearing

The plaintiff is notified of the date and time of the court hearing by summons. It is brought to the place of residence indicated in the claim, or sent via SMS notification to the number specified in the application. As practice dictates, it is better to choose the first option.

The plaintiff can attend the court hearing or write an application for consideration in his absence. The application can be immediately attached to the claim or sent to the court at any time before the day of consideration.

In addition, the plaintiff has the right to hire a lawyer to represent him in court. If the claim is successful, the plaintiff has the right to demand recovery of attorney's fees from the defendant.

Step 7. Pass the examination

An examination may be ordered at the request of the plaintiff, the court or the defendant. Expertise options:

• if the plaintiff refers in the application to a state of alcoholic or other intoxication, then a handwriting examination is appointed;
• if the applicant indicates the inability to understand the consequences of actions at the time of signing the refusal or the use of potent drugs, then a psychiatric examination is appointed.

Step 8. Obtain a court decision

If the claim is satisfied, it will come into force 1 month from the date of issue. After which the plaintiff must receive a decision marked as having entered into legal force and visit a notary. If the issuance of the certificate has been suspended, the notary issues the certificate without taking into account the refusal.

If the right of ownership by inheritance is established by the court, then a visit to the notary is not required.

Refusal of inheritance after its acceptance

So, you can refuse an inheritance before the inheritance is accepted, and after consent has been given to accept the inheritance, but for some reason the heir has changed his mind. However, there are several conditions that must be met:

• An application for refusal to enter into inheritance rights must be properly formalized.
• The registration procedure must be followed.
• The deadline for drawing up an application for refusal of inheritance is not extended, and the heir must have time to complete everything within six months. For example, if an inheritance case was opened, and an application for the right to enter into an inheritance was submitted three months later, then there is only three months left to think about whether to refuse the inheritance or not. These deadlines must be met.

Refusal of inheritance in case of its actual acceptance

The actual acceptance of the inheritance is considered to be the fulfillment of the obligations of the heir, even if he did not submit an application for inheritance. These actions include:

• Maintaining the safety of inherited property;
• Availability of expenses associated with the maintenance of inherited property;
• Payment of debts of a person whose property is inherited.

Refusal of such inheritance is carried out according to slightly different rules, and they are worth dwelling on separately.

• In this case, the period is set the same as in other cases, the same, six months. However, in this case, it is possible to restore the deadline that was missed so that a refusal can be issued.
• It is necessary to submit an application to the court, which will indicate sufficiently valid reasons that did not allow the heir to complete the entire necessary procedure earlier. Moreover, it will be necessary to prove in court that, due to the above reasons, the heir really did not have such an opportunity.
• The heir himself or people who are interested in this can challenge the acceptance of the inheritance.

Consequences of refusing an inheritance

• Entry into inheritance rights is carried out within six months and is confirmed by a special document.

If the heir has written a statement renouncing the inheritance and registered it with a notary, then it is impossible to reverse the matter. After refusing to inherit property, the heir has no right to any part of the inheritance. The waiver only applies to the entire property.

To resolve your issue and receive free legal advice, contact inheritance lawyer Igor Vitalievich Goloveshkin by phone +7 (495) 241-12-69 and all your questions will be resolved as quickly as possible.

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Grounds for invalidating a refusal

In accordance with the provisions of the Civil Code, a refusal can be challenged if it is issued:

1. An incapacitated person without the consent of the guardian and the district guardianship department.
2. Minors without the consent of a legal representative or the district guardianship department.
3. A person who is intoxicated, under the influence of medications that affect his perception of reality.
4. Under the influence of deception.
5. Under the influence of threats or blackmail.

Additionally, the Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated January 31, 2017 No. 41-KG16-42 includes in the list of grounds for challenging a refusal a situation where the heir refuses the inheritance not absolutely, but with a condition. The Civil Code establishes that the refusal must be unconditional. If the heirs agreed to provide some service in exchange for the refusal, this is grounds for challenge.

Lawyer's answers to private questions

My mother died 7 months ago. My brother and I agreed that he would enter into the inheritance, and I would write a refusal. And after the paperwork is completed, we will sell our mother’s apartment and the dacha, and split the money. But he received the documents and allowed the tenants into the apartment. He is not going to sell it. How can I cancel the refusal of inheritance?

According to the law, a refusal cannot be canceled. You need to go to court to invalidate the refusal. But for this you need evidence that you had conditions regarding the inherited property. To satisfy the requirements, the court will need evidence. Maybe you and your brother entered into a notarized agreement or otherwise certified your agreements? Maybe there were witnesses? Otherwise, the court will refuse to satisfy the requirements.

Mother and father are visually impaired. The father is completely blind, and the mother has 5% vision. After my brother's death, we had to take over the inheritance. I brought a notary to them so they could write a refusal. Everything was explained to them. I transferred all my brother's property to myself. Recently, my mother and I quarreled, and she decided to re-register part of the property. Can the court invalidate the refusal if I give consent?

If you agree to invalidate the refusal, the court will satisfy the applicant’s demands.

My mother and I turned to a notary after my father died. I wrote a waiver of my father's property. I thought my mother would get everything. But a month later, the father’s son from his first marriage showed up. Can I take away a simple refusal and draw up a refusal in favor of the mother?

You cannot withdraw a refusal from a notary. The law also does not allow it to be rewritten. You will have to go to court, but the likelihood of your claim being successful is extremely low.

After my mother's death, her husband and I took over the inheritance. He asked me to give up the garage that belonged to my mother in his favor. I didn't need this garage. That's why I wrote a refusal. When registering the inheritance, it turned out that I had renounced all of my mother’s property. Can I withdraw the waiver?

It can only be canceled by a court order. But in this situation the chances of success are minimal.

Consequences

The consequences of the decision must be explained to the applicant by the notary. These include:

1. Inability to withdraw an application. The decision is final and irrevocable. The exception is the situation when the document was drawn up under duress by third parties or under the influence of deception. However, the citizen will have to prove this fact in court.
2. If a citizen had the right to a specific share in property and did not indicate a recipient, then it is subject to transfer to legal successors by law.
3. If the will did not specify specific shares of property, then the property is divided in equal shares among the other beneficiaries under the will.
4. If the citizen was the recipient by law, then the share is subject to division among the legal successors of the next generation.

In whose favor can one renounce an inheritance?

The heir renouncing the inheritance may choose one or more persons in whose favor the renunciation of the inheritance will be carried out. But you should know that the law limits the circle of persons in whose favor such a refusal is possible .

Persons in whose favor an inheritance can be waived include:

• Heirs by law who are not deprived of the right of inheritance. Moreover, regardless of the order of inheritance. That is, the heir of the first priority may renounce his share of the inheritance in favor of an heir assigned by law to any other order of inheritance by law.

As an example, we can cite a situation where the daughter of the heir, being the heir of the first priority by law, refuses the inheritance in favor of the testator's brother, that is, the heir of the second priority.

• Heirs by will
• Heirs called to inherit by right of representation
• Heirs called to inherit by hereditary transmission

Please note that the above is an exhaustive list of heirs in whose favor the inheritance can be waived. This means that refusal of inheritance in favor of other persons is impossible due to the direct prohibition of the law (Part 2 of Article 1158 of the Civil Code of the Russian Federation).