Can a minor child refuse an inheritance?

Is it possible to refuse inheritance to a minor child?

An inheritance that opens up is not always attractive to successors.

There may be many reasons:

• remote living;
• lack of money to pay the fee;
• reluctance to enter into a dispute with family members of a deceased citizen;
• presence of debt on loans.

The heirs have the right to refuse the property assigned to them without giving reasons. However, the rule applies only to adult citizens.

The procedure for filing a waiver application for children is slightly different. Their interests are represented by parents/guardians (Article 64 of the RF IC). The reason for the refusal must be justified.

Important! Such decisions are made under the supervision of the guardianship authority. The main task of the executive body is to protect the property rights and interests of minor citizens.

Therefore, before submitting an application to a notary, the child’s legal representatives must obtain the consent of the district guardianship department at the place of permanent registration of the child. It is issued upon application of the legal representative.

Attached to it is a package of documents confirming the inappropriateness of the child entering into an inheritance. As evidence, you can attach a loan agreement and a loan repayment schedule.

Partial refusal of a minor legal successor

Legal representatives (parents/guardians) act in the interests of minors. However, even they do not have the right to dispose of the child’s property rights without the permission of the guardianship authorities.

To waive a share of the inheritance, you must first obtain the district guardianship department. The applicant must justify the reasons. In case of a complete refusal, it is necessary to submit documents that confirm the deterioration of the child’s situation if he assumes his rights.

Giving up part of the property is more difficult. If accepting one share is in the interests of the minor, how will accepting a second share worsen his situation?

When accepting property for any reason, the successor receives a portion of the debts proportional to the property received. Therefore, if a minor draws up part of the inheritance, then the other parts are also subject to inheritance.

However, the law does not prohibit the legal representative from contacting the district guardianship department to obtain permission. The commission will review the application and make a decision on an individual basis.

Example. Citizen F. applied to the district guardianship department with an application for permission to refuse inheritance by her minor son. As a reason, she indicated the need to re-register the property of the deceased in her and her son’s name. This required significant financial costs. The commission reviewed the applications and refused to issue a permit, since the requirements violated the property interests of the minor.

Ways to refuse inheritance

The law protects the rights of minor heirs. Therefore, children and dependents necessarily receive a share in the inheritance, even if the testator has not protected their rights. Therefore, the child cannot refuse the inheritance by default.

Opt-out options

It is not permitted to transfer property to next-of-priority relatives or third parties. Also, the law does not provide for a targeted waiver of the obligatory share.

Causes

Usually citizens do not accept the property of the testator for the following reasons:

• lack of information about the death of a relative;
• presence of large debt on a loan (for example, mortgage, car loan);
• the property that is due to the heir is located in another region of the Russian Federation;
• high cost of property registration;
• a small part of the inheritance;
• unsatisfactory condition of the property;
• reluctance to spoil relationships with other relatives;
• receiving compensation from another claimant.

How to refuse an inheritance for a minor child

The application can only be made in written notarial form.

Options for submitting an application:

1. Personally by the legal representative (if the child is between 0 and 13 years old).
2. Personally by the child and legal representative (if the recipient is between 14 and 18 years of age).
3. By mail.
4. Through a trusted person.

When sending by mail, you must fill out an application at any notary office. The document must be certified by a notary. The envelope must include a list of the contents, copies of the documents of the child and the representative.

A minor aged 14 to 18 years can independently issue a power of attorney for any citizen, with the consent of the legal representative. To submit a waiver application, a notarized power of attorney will be required.

The application for waiver is submitted to the notary office at the place of residence of the deceased citizen. It must be submitted within the 6-month period for accepting the inheritance.

Procedure

Algorithm of actions in case of refusal of inheritance:

1. Written appeal to the guardianship authority.
2. Obtaining consent to renounce inheritance.
3. Preparation of documents for a notary.
4. Submitting a waiver application to a notary office.

The procedure for obtaining a decision from the guardianship department

The procedure for obtaining a decision from the district guardianship department varies depending on the region of application. The process is regulated by regional regulations.

The legal representative must undergo preliminary approval of the refusal with the executive authority. To do this, you must contact the guardianship authority at the place of registration of the child.

The application must be submitted in writing. The form is not established by law, so the form must be obtained directly from the department.

The document must contain a clear justification for the reason for the refusal. The child's parents or guardians must prove the inappropriateness of inheritance.

For example, provide evidence of an insignificant share of the inheritance or the presence of a significant loan debt. That is, it must be shown that accepting the inheritance will worsen the child’s financial situation.

The application is usually processed from 15 to 30 days . If there is a positive decision, the child’s representatives can begin preparing papers for the notary. A negative decision by the district guardianship office can be challenged in court.

Contacting a notary

When contacting a notary, the age of the child is taken into account:

1. If the heir has not reached the age of 14, then the application is submitted exclusively by the parent or guardian.
2. Children over 14 years of age must submit a waiver on their own. The only condition is the written consent of the legal representative.
3. If a minor between the ages of 16 and 18 is emancipated, then he can formalize a waiver of inheritance independently, without taking into account the opinions of his parents and the guardianship department.

Documentation

The following documents must be attached to the refusal application:

• ID card of the heir's parent/guardian;
• guardian's certificate and order appointing guardianship (if available);
• birth certificate or passport of the legal successor;
• evidence of the death of the testator;
• an extract from the house register;
• documents confirming the possession of property by the testator;
• permission from the guardianship authority.

The list of attached documents may be significantly smaller if the inheritance case was opened at the request of another heir. For example, it will not be necessary to provide a death certificate of the testator and/or papers for the property belonging to him.

Application The waiver application must contain the following information:

1. Name of the notary office.
2. Information about the heir.
3. Title of the document.
4. The essence of the appeal.
5. Date of preparation of the document.
6. Applicant's signature.

Sample application for renunciation of inheritance

Expenses

Minor citizens are exempt from paying state fees when registering or renouncing an inheritance. However, legal representatives will have to pay the cost of notary services.

The amount of remuneration largely depends on the region of residence of the testator. The maximum cost of services is set by the regional notary chamber. You can check prices on the website of the Federal Notary Chamber.

Deadlines

Expert opinion

Stanislav Evseev

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

The application for waiver must be submitted within 6 months from the date of death of the property owner. The main document for calculating deadlines is the death certificate. If the deadline falls on a weekend (Saturday/Sunday), it is shifted to the first working day of the week.

The deadlines for accepting or refusing an inheritance also apply to minor citizens. If the notary becomes aware of the presence of minor heirs, he includes them among the legal successors.

Failure to timely submit a denied application may result in the need to accept the inheritance or separate legal proceedings. Is it possible to refuse after accepting an inheritance?

The law does not provide for the possibility of refusing an inheritance after its acceptance. However, when submitting an application to accept the property of the deceased, a refusal can be issued if 6 months have not passed from the date of death.

Relatives have the right to actually accept the inheritance. For example, if you lived together with the testator and continue to use joint property after the death of a family member.

The need to renounce inheritance may arise later. One of the grounds is the presentation of claims by the testator's creditors.

Important! A refusal can be filed only within 6 months after the opening of the inheritance. If the legal representative of a minor missed the deadline, then it cannot be restored.

Arbitrage practice

Going to court to invalidate a refusal of inheritance is a fairly common practice. Each applicant has his own reasons. If there is proper evidence, the courts satisfy the stated demands of the heirs who renounced their property rights.

Example. Citizen S. filed an application with the court to declare the refusal of inheritance invalid. The basis for the claim is the inability to understand the meaning of one’s actions and control them. The applicant explained that he lived in a residential apartment with his wife and her daughter. The property is jointly owned by these persons. After the death of his wife, the daughter began to prepare documents. Later she said that the deceased mother needed to be deregistered. This requires a notarized statement from the stepfather. The notary asked him about his intention to remove his wife from the register. He confirmed his desire and signed the document. It turned out that this was a refusal of inheritance. The plaintiff stated that he does not understand Russian well. He is Tatar by nationality. When signing a document at the notary, he copied Russian letters from a piece of paper that was provided to him. However, he did not plan to give up his property rights. A month later, his daughter arrived, for whom he was going to make a will. The same notary refused to register the document due to doubts about the testator’s legal capacity. Additionally, the man explained that he often experiences pressure changes, headaches, and memory loss. The examination confirmed that the man could not understand the meaning of his actions when signing the statement. The court satisfied the claims (Decision of the Osinnikovsky City Court of the Kemerovo Region dated August 30, 2012 in case No. 2-693).

When is it impossible to cancel a refusal?

There are several situations when a refusal cannot be cancelled:

1. Cancellation through a notary office. From the moment the notary registers the refusal and files it in the inheritance file, the heir can no longer take it away or change it.
2. Cancellation due to legal illiteracy. One of the popular pieces of evidence in court is the plaintiff's claim of legal illiteracy. He explains that he did not understand all the consequences of his decision. The courts do not satisfy such claims in 10% of cases. Before receiving a refusal from the heir, the notary must conduct a consultation about the consequences of the refusal. The objector signs a statement that he received the consultation and understood the consequences. Therefore, the plaintiff has no chance.

But in other situations it is difficult to cancel the application. In practice, courts satisfy only isolated claims.

Is it possible and how to refuse part of the inheritance?

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