Refusal to Accept Inheritance: What You Need to Know

Every heir — whether by will or by law — has the right not only to accept the inheritance but also to refuse it. However, such refusal must be formalized in accordance with the requirements of the legislation and within the specified time limits. This was reminded by the Khmelnytskyi Interregional Department of the Ministry of Justice of Ukraine.

To refuse acceptance of the inheritance, the heir submits an appropriate application to the notary at the place of opening the inheritance. It must be submitted personally in written form. Applications made on behalf of heirs by their representatives acting on the basis of powers of attorney are not accepted.

The application can be submitted in several ways.

The most common is a personal visit to the notary. In this case, notarization of the authenticity of the signature is not required. The application can also be sent by postal service — in this case, the authenticity of the heir's signature must be notarized.

Additionally, the law allows submitting the application electronically using a qualified electronic signature or an enhanced electronic signature based on a qualified electronic signature certificate. In such a case, the notary opens the inheritance case and informs the heir about the need either to send a properly executed application by mail or to personally appear before the notary.

Refusal of the inheritance is possible only within the period established for its acceptance. According to Article 1270 of the Civil Code of Ukraine, the general period is six months from the time of opening the inheritance. If the right to inheritance arises due to the non-acceptance of the inheritance or refusal by other heirs, a three-month period is set for such a person from the moment the right to inheritance arises. If the remaining period is less than three months, it is automatically extended to three months.

The law also provides for the possibility of refusing the inheritance in favor of another person.

Thus, an heir by will may refuse the inheritance in favor of another heir designated in the will. An heir by law has the right to refuse in favor of any of the legal heirs regardless of the order of succession. If the testator appointed a substitute heir, the person in whose name the will is made may refuse the inheritance only in favor of the substitute heir.

At the same time, it is important to remember the significant legal consequences of such an action. Refusal to accept the inheritance is unconditional and irrevocable — it is impossible to set any conditions or restrictions. Partial refusal of the inheritance is not allowed by law: it is not possible to accept only part of the inherited property and refuse the other part. However, the heir has the right to withdraw their refusal, but only within the period established for accepting the inheritance.

Before making a decision to refuse the inheritance, it is worth carefully assessing all the legal consequences of such a step, as after the expiration of the period established by law, it will be impossible to change the decision.

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