How not to enter into an inheritance ?

How not to enter into an inheritance ?

Sometimes burdened with debts or loans testator's estate can be a burden for the heir.In this case, the latter is entitled not to take due to him for the good of the will.

not accept the inheritance or to refuse it?

Just note that it is necessary to distinguish between two concepts - the refusal of entry into the rights of inheritance and a failure to take the property by will.

In the first case, the heir will have to make with the participation of a lawyer appropriate application-failure and to assure him of a notary's office.In the second case, the heir, in principle, do not need anything - missing deadlines, that the law assigns to join the right of inheritance, the heir will automatically be deemed not to have accepted them.

differences between the two processes also consist in the fact that in the first case, the solution will not be able to challenge the heir.In the case of failure of the heir of the property over time may still try to come into its own.

How not to join the right of inheritance

procedure for acceptance of inheritance suggests that, within six months from the date of opening of the inheritance the heir must apply to a notary public (or authorized person) at the place of opening the inheritance with the appropriate application.The date of opening of the inheritance is considered to be the date when the court officially recognizes the testator died.

If necessary, the court may authorize the extension of this period, if the heir introduce objective reasons which prevented him to apply.For example, it can be a serious illness or the ignorance of the fact that he inherited relies.To do this, citizens need to file a request with the court within 6 months after the problem had been resolved, prevented him come into its own in due time.

is also believed that the heir came into inheritance rights (at least until such time as there is no proof to the contrary) if it:

  • take some action to save the bequests of his service, the protection of third parties, etc..;
  • spend the money on the maintenance of the put him under the will of the property;
  • received at the disposal of funds put to him by right of inheritance;
  • payment of debts or loans, which was burdened with legacies.
  • entered in control or possession of the property.

Accordingly, if the successor has not taken any of these steps (ie, showed complete inaction with respect to the property bequeathed to him), missed without good reason, time allocated for entry into inheritance law, it shall be deemed not accepted the inheritance.Any citizen in its sole discretion shall have the right not to join a legacy for one reason or another.

After that, start the inheritance may be other relatives of the deceased, or the court will determine, based on the provisions of the law, the persons entitled to receive this inheritance.They can also, if desired, to give up its adoption.