Waiver of inheritance: how to draw up and what does it mean?

The process of inheriting property after a deceased person always raises many legal questions and misunderstandings, which can turn into potential disputes between heirs.

In practice, this creates situations in which the decedent's property creates more problems than benefits for those who wish to inherit it.

And therefore the question arises - how can a person refuse to accept an inheritance? We will talk about this legal aspect in this informative article.

Is it possible to refuse to accept an inheritance?

First of all, it should be noted that the right to inheritance arises for citizens of Ukraine only when the death of the testator has occurred.

That is, from the day when such a person was declared dead, the inheritance is opened. Only from this moment can citizens take legal action regarding the future inheritance.

Legal actions in this context should be understood as writing an application for acceptance of inheritance (Article 1269 of the Civil Code) or for renunciation of inherited property (Article 1273 of the Civil Code).

Thus, the legislator gives the heirs the right to refuse the inheritance at their own will.

The main reasons for refusal of inheritance

The most common reasons why heirs want to refuse inheritance are:

• The presence of debts of the testator. Inheritance can be disadvantageous if the total amount of liabilities exceeds the value of the property to be inherited. Therefore, the heirs do not want to take any responsibility for the repayment of the testator's debts.
• Presence of conflicts between heirs. Quite often, in practice, heirs cannot voluntarily agree on the distribution of inherited property. As a result, a dispute arises, which can last for a long period. And therefore the heirs who do not want to take part in family conflicts refuse to accept the inheritance.
• High costs of maintaining the testator's property.Property inherited by individuals may require significant financial resources for its upkeep, ongoing repairs, or the payment of large taxes. Therefore, this factor may encourage the heirs to refuse the inheritance in favor of other persons.

Importantly! If a person waives his right to inherit under a will, this does not deprive him of his right to inherit the testator's property by law.

How to issue a waiver of inheritance?

In order for the heir to exercise his right to refuse the inheritance, he needs to apply to the local notary public with an appropriate written application, and in rural settlements - to the local government.

The application must be submitted at the place of opening of inheritance. It should describe the reasons for refusing the inheritance. After the notary receives the relevant application, he is obliged to explain to the heir the legal consequences of registration of the refusal of inheritance.

If the heir still insists on carrying out the procedure of relinquishment of the inherited property, then the notary shall draw it up in accordance with the norms of the current legislation of Ukraine.

It is worth noting that a person has the right to submit an application for refusal to accept inheritance within 6 months from the moment of its opening.

Pay attention! Renunciation of inheritance and failure to submit an application for acceptance of inherited property are completely different situations with different legal consequences.

So, if in the first case a person deliberately takes active actions to terminate his right to inherit, then in the second case he does not take any action to accept or refuse to accept an inheritance.

As a result, in the second case, the person has the right to apply to the judicial authority for renewal of the deadline for accepting the inheritance if there are valid reasons (for example, a person's long-term illness).

Is it possible to withdraw the application for refusal of inheritance?

If within 6 months from the moment the inheritance was opened, a person changed his decision regarding the refusal of inheritance, then he has the right to withdraw the submitted application to the notary or local community.

However, if this term has already expired, the person loses this right.

What does disinheritance mean?

The legal consequences of relinquishing inheritance are that a person loses his right to receive inherited property on an irrevocable basis.

That is, in the future, she will not be able to reconsider her decision to refuse, and her share will be inherited by other persons.

If you want to refuse inheritance and do not know all the legal features of this procedure in practice, then you should contact the Prikhodko and Partners law office.

Company lawyers:

• analyze the deceased person's inheritance for the presence of various debts;
• will explain all the legal consequences of disinheritance;
• if necessary, they will help to collect the relevant documents for registration of the refusal of inheritance;
• will protect the rights and interests of the company's clients in case of disputes with other heirs of the deceased person's property.

Contact the "Prikhodko and Partners" law office - we will take care of solving all your legal issues related to inheritance!