Legal encyclopedia. The letter O

DISCLAIMER OF INHERITANCE

- unilateral action of the heir, expressed in his unwillingness to accept the inheritance. O. from part of the inheritance due to the heir, and also refusal with reservations or under the condition is impossible.

The heirs under the will and according to the law possess the right of N. from N. However, when inheriting escheat, O. from N. is not allowed. The heir has the right to refuse the inheritance within the period established for its adoption, including in the case when he has already accepted the inheritance. The period for O. from N. is equal to six months. In some cases, this period may be extended by three months.

If the heir has committed acts that evidence the actual acceptance of the inheritance, namely, entered into possession or management of property, took measures to preserve it and protect it from encroachments, incurred expenses for the maintenance of inheritance property or paid at its own expense the debts of the testator, the court may, on the application of this Heir to recognize him as having renounced the inheritance and after the expiration of the established period, if he finds the reasons for missing the period valid.

O. from N. can not be later changed or taken back.

O. from N. in the case when the heir is a minor, incompetent or limitedly capable citizen, is allowed with the prior permission of the guardianship and trusteeship authority.

Types of O. from N .:

1) directed refusal - O. from N. in favor of other persons;

2) unconditional refusal - O. from N. without indicating the persons in favor of which the heir renounces the hereditary property. Directed refusal is possible in favor of other persons from among the heirs by will or heirs under the law of any order, not deprived of an inheritance, including in favor of those who are called to inherit by the right of representation or in the order of the hereditary transmission. O. from. N. in favor of other persons is not allowed.

It is not permitted to refuse in favor of any of these persons from property inherited under the will, if all the property of the testator is bequeathed to the heirs appointed by him, from the obligatory share in the inheritance, and also if the heir is intended for the heir.

Of course, O. from N. takes place in cases when the heir renounces the inheritance without specifying the heirs in whose favor the refusal is made. This type of O. from N. entails the increment of hereditary shares of other heirs or the emergence of the right to inherit from other persons by law or testament.

O. from part of the inheritance due to the heir is not allowed. However, if the heir is summoned to inheritance simultaneously for several reasons (by will and by law or in the order of the hereditary transmission and as a result of opening an inheritance, etc.), he has the right to refuse the inheritance due to him for one of these grounds, for several of them Them or for all reasons.

The manner of O. from N .:

1) submission by the heir of the application to the notary at the place of opening the inheritance;

2) the submission of an application by the heir to another authorized person to issue a certificate of the right to inheritance to an official;

3) sending by mail the application for O. from N. notary at the place of opening the inheritance.

The application for O. from N. must be made in writing and signed by the heir. If the application is submitted through another person or by mail, the signature of the heir on the application must be certified by a notary or an official authorized to perform notarial acts at the heir's whereabouts.

According to paragraph 3 of Art. 1159 Civil Code of the O. from N. through the representative is possible, if the power of attorney specially provided for such a waiver. For O. from N. the legal representative (parents, guardians, trustees) the power of attorney is not required.