Rejection of inheritance by will

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Rejection of inheritance by will

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The legislation of Ukraine enshrines the right of legal heirs to accept the inheritance, as well as the possibility of rejecting it.

Each citizen must decide for himself which of these options he should choose in life, however, it is always necessary to know the specifics of his choice to understand the onset of certain legal consequences.

And therefore, in this article, we will analyze the peculiarities of not accepting an inheritance under a will.

How can you exercise the right to reject inheritance under a will?

First of all, it should be noted that citizens can refuse the inheritance that could be inherited by them by law or by will in favor of another heir.

To refuse inheritance under a will, you need to apply to refuse to accept inheritance to a notary, and if you live in a rural settlement, to an authorized person of the local government.

It is worth noting that the statement must be submitted at the place of opening of inheritance.

What are the features of applying?

In connection with the introduction of martial law on the territory of Ukraine on February 24, 2022, a register of notaries working during hostilities is in force in the country.

In this register, a citizen can check whether the notary to whom he wants to apply to refuse to accept inheritance is working, and in this way, he will save a lot of time to clarify this issue.

In addition, it should be noted that this application to the notary must be submitted in writing personally by a citizen who has the right to inherit property.

Therefore, if the statement of refusal to accept the inheritance was made by the heir's representative, it will not be accepted by the notary, even if the representative has a power of attorney.

If a citizen who has the right to inherit property applies to the notary through the mail, and not in person, then in this case it will be accepted for consideration, and the inheritance case will be opened.

However, there is a nuance. The notary informs the heir about the need to send an application, which must be executed in the proper order (that is, the authenticity of the signature is verified in such applications only by a notary), or notes that it is necessary to appear in person to apply to identify the person.

If the notary accepts an application for refusal to accept inheritance for consideration, he is obliged to explain to citizens the legal consequences of such refusal and the fact that they have the right to withdraw such an application.

What are the legal consequences of refusing to accept an inheritance under a will?

  • If a citizen renounces his inheritance by will, his share in the inherited property passes to the other heirs and is divided among them equally;
  • In case of refusal of inheritance by will, a person is not deprived of the right to inherit property by law;
  • If a citizen renounces his inheritance by will and a testamentary refusal is imposed on him, then the obligation for it passes to other heirs.

You do not want to accept an inheritance by will?

In such a situation, contact the Prikhodko and Partners law office.

The company employs only qualified specialists in various fields of law, who will always help our clients to solve any problematic issues related to jurisprudence. Get in touch!

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