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Publication date: 05.04.2024
Лоер
Renewal of the term of acceptance of inheritance: Legal aspects
The legal regime of inheritance requires timely settlement of legal relations regarding the transfer of property from heir to heir. However, sometimes there may be circumstances that prevent the acceptance of the inheritance within the period established by law. In such cases, they refer to the procedure for restoring the term of acceptance of inheritance. This article is devoted to the analysis of this process and its main aspects.
Definition of concepts
Inheritance is the property rights and obligations that pass to the heirs of the deceased. It can include movable and immovable property, financial assets, things for personal use, etc, terms .
The term of acceptance of inheritance is a period of time established by law, during which the heir has the right to take over the inheritance.
Renewal of the inheritance acceptance period is a legal procedure that allows the heir to apply to the court for an extension of the inheritance acceptance period in the case of objective circumstances that prevent inheritance acceptance within the prescribed period.
The procedure for renewal of the inheritance acceptance period
Preparatory stage: The heir must apply to the court with a claim to renew the term of acceptance of the inheritance. In the statement of claim, the reasons that led to the non-fulfillment of the deadline should be substantiated.
First of all, the heir who missed the set deadline has the opportunity to obtain written consent from other heirs who have already accepted the inheritance. With this consent, he can apply to a notary public or, in rural settlements, to an authorized person of local self-government at the place of opening of the inheritance, with an application to accept the inheritance.
In the absence of written consent or the refusal of the notary to accept the application, the heir who missed the deadline can apply to the court, stating the reasons for the omission. If the court considers these reasons to be justified, it can grant the heir an additional period for submitting an application.
Court review: The court examines the claim and examines the evidence presented by the heir, which confirms the objective circumstances preventing the acceptance of the inheritance within the prescribed period.
The court, guided by its internal conviction, considers all the factual circumstances of the case and determines whether the reason for missing the deadline is sufficiently important, since the law does not provide a clear list of such reasons.
The following can be noted among the justified reasons for missing the inheritance acceptance deadline:
1. Ignorance of the heir about the existence of a will: A situation when the heir had no information about the existence of a will and, accordingly, about the deadline for its acceptance.
2.Acute sudden illness combined with a slight lapse of time: This may include cases of sudden and serious illness that makes the heir incapacitated during the time of acceptance of the inheritance.
3. Serving a sentence in places of deprivation of liberty: The heir may be detained in places of deprivation of liberty, which prevents him from accepting the inheritance in time.
4. Long-term treatment in a hospital: The heir may undergo long-term treatment in a medical institution, which complicates the process of accepting the inheritance.
5. Great distance between the place of residence of the heir and the place of inheritance: This situation can complicate access to the property and timely acceptance of the inheritance.
It should be noted that courts usually do not include:
1. Legal ignorance of the plaintiff regarding the term and procedure for accepting the inheritance.
2. Lack of information about the death of the testator.
3. Being depressed due to the death of the testator.
4. Absence of the death certificate of the testator and information regarding the ownership of the disputed apartment, as well as the residence of the heir in another settlement:
The impossibility of obtaining a death certificate of the testator or the lack of sufficient information about the ownership of the disputed apartment, together with the fact that the heir lives in another settlement, can complicate the process of accepting the inheritance.
5. Advanced age and lack of necessary legal knowledge: Age and lack of necessary knowledge in the field of jurisprudence can become an obstacle to timely resolution of issues related to acceptance of inheritance,recovery.
6. Living abroad: Living abroad does not necessarily indicate the presence of objective obstacles for submitting an application for acceptance of inheritance after a long period of time.
7. Illness of the heir's children: In case of illness of the heir's children, who were supposed to submit an application, this may complicate the process of accepting the inheritance due to limited possibilities of applying in person or sending the application by mail.
Also, it is worth remembering that the notary is obliged to inform the heirs about the opening term of inheritance in the case of a will. When considering cases on granting an additional term for acceptance of inheritance, the courts analyze the actions of the notary regarding the notification of the heirs about the opening of the inheritance and the possibility of public announcements or announcements in the press.
Court verdict: After considering the case, the court makes the appropriate decision. If the claim is satisfied, the court can set a new deadline for accepting the inheritance.
Conclusion
Renewal of the inheritance acceptance period is an important legal procedure that enables heirs to resolve complex situations related to inheritance acceptance. However, renewal of the term is possible only under certain circumstances, which are substantiated before the court. This process allows to ensure justice and protection of the rights of the heirs in situations where they cannot fulfill the terms of accepting the inheritance due to objective circumstances.
