Is it possible to refuse an inheritance in favor of a relative — what heirs need to know
Inheritance is not only property but also legal consequences that the heir must evaluate before making a decision. The law allows one to refuse inheritance, but the refusal must be properly formalized: within the established period, in the proper form, and without conditions. After the deadline for accepting the inheritance expires, the decision cannot be changed.
Who can refuse the inheritance
Every heir — whether by will or by law — has the right not only to accept the inheritance but also to refuse it. At the same time, such refusal must comply with legal requirements.
How to submit a refusal statement
To refuse acceptance of the inheritance, the heir submits the appropriate statement to the notary at the place of the inheritance opening.
The statement must be submitted personally in writing. Documents drawn up on behalf of heirs by their representatives based on powers of attorney are not accepted.
Ways to submit the statement
The most common way is personal appeal to the notary. In this case, notarization of the signature authenticity is not required.
The statement can also be sent by mail. In this case, the authenticity of the heir's signature must be notarized.
Additionally, the law allows submitting the statement 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 statement by mail or to appear personally before the notary.
Deadline for refusing inheritance
Refusal of inheritance is possible only within the period established for its acceptance.
According to Article 1270 of the Civil Code of Ukraine, the general period for accepting inheritance is six months from the time of its opening.
If the right to inheritance arises due to non-acceptance or refusal by other heirs, the person has a three-month period from the moment the right to inheritance arises.
If the remaining period is less than three months, it is automatically extended to three months.
Is it possible to refuse inheritance in favor of another person
The law provides for the possibility of refusing inheritance in favor of another person.
An heir by will may refuse 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 heirs by law regardless of the order of inheritance.
If the testator appointed a substitute heir, the person named in the will may refuse the inheritance only in favor of the substitute heir.
Consequences of refusing inheritance
Refusal to accept inheritance is unconditional and absolute. This means the heir cannot impose any conditions or restrictions.
Partial refusal of inheritance is not allowed by law. That is, one cannot accept only part of the inherited property and refuse the other part.
At the same time, the heir has the right to revoke their refusal, but only within the period established for accepting the inheritance.
What to consider before refusing inheritance
Before making a decision to refuse inheritance, it is worth carefully evaluating all legal consequences of such a step. After the legally established period expires, it will be impossible to change the decision.
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