Non-acceptance of the inheritance by the heirs

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Non-acceptance of the inheritance by the heirs

Reading time: 4 min.

Inheritance of property after the death of the testator is always a relevant topic. This is explained by the fact that in the life of every person, there comes a moment when they have to face hereditary relationships because no one can live forever.

In such a situationheirs are asked various questions regarding the acceptance of the inheritance, the possible deadline for its acceptance, and in general the issue of refusing to accept the inheritance for personal reasons. What is the relevance of consideration of this topic?

And therefore, in this article, we will talk about the peculiarities of the heirs' rejection of the inheritance.

How can you refuse to accept an inheritance?

From the analysis of the provisions of the CCU, it can be said that the legal heirs after the death of the testator and the moment of opening the inheritance (within 6 months) have the right to either accept it or refuse to accept it (Part 1 of Article 1268 of the CCU).

To exercise their right to refuse to accept an inheritance, citizens must submit a written application to a notary public or an authorized person to local self-government bodies (local self-government bodies) (relevant for rural settlements) by the place of opening of inheritance.

The statement should substantiate the reasons for the refusal, and thus it will be satisfied by a notary public or an official of the municipal government authorized to do so.

Failure to submit an application and refusal to accept inheritance - what is the difference?

If we talk about the failure to apply for acceptance of inheritance, then in this situation the citizen does not exercise his legal right and does not express his will to accept inheritance.

In case of refusal to accept the inheritance, the citizen performs certain actions defined in the legislation and thus implements his desire to refuse the fact of accepting the inheritance.

Are there special procedures for refusing to accept an inheritance?

The regulations of the CCU establish a special procedure for refusing to accept inheritance in the following cases, namely (Article 1273 of the CCU):

  • a citizen with limited civil legal capacity, who was recognized as such in a court of law, has the right to refuse to accept inheritance only with the prior consent of his guardian, as well as the guardianship and guardianship body;
  • a physical minor (aged 14 to 18) has the right to refuse to accept an inheritance only with the prior consent of the parents or persons who adopted him, the guardian, as well as the body of guardianship and guardianship;
  • if a person is a minor (up to 14 years of age) or has been recognized in a court of law as incompetent, he or she does not have the opportunity to refuse to accept the inheritance on their own, this right is exercised on their behalf by their parents or the persons who adopted them, as well as the guardian only with the permission of the guardianship authority and care.

Does a person have the opportunity to withdraw his application for refusal to accept inheritance?

So. If a person has changed his decision and wishes to accept the inheritance again, in this case, he has the right to withdraw his application for refusal within the term, which was established for its adoption by Art.1270 of the CCU.

Importantly! Refusal to accept inheritance is unconditional and unconditional (Part 5 of Article 1273 of the Central Criminal Code).

In practice, this means that it is impossible to refuse to accept the inheritance under certain conditions (for example, to give up the car, but to accept the inheritance within the monetary means, or the situation when the heir now refuses to accept the inheritance, and then, when all the debts of the testator are paid off, he will accept the inheritance).

If you want to exercise your legal right to refuse to accept an inheritance, contact the Prikhodko and Partners law office.

Our lawyers are only experienced specialists who understand all the intricacies of Ukrainian inheritance law in practice and therefore are always ready to help you with any problematic issues. Get in touch!

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