К сожалению, в жизни людей возникают моменты, associated with the death of relatives or other loved ones. Sadly, but in the end, it is still necessary to resolve the situation with the inheritance of the deceased. And then people have questions: "What is the term for accepting an inheritance?", "Restoring the term for accepting an inheritance is permissible?". In this article, you can find answers to these questions.
This period of limitation of acceptance of inheritance is determinedcivil legislation of Russia, in particular the norm of 1154 GK. The establishment of such restrictions is due to the fact that it is necessary to determine in civil circulation the legal status of inherited property, identify new owners in order to establish their rights and obligations, satisfy the legitimate claims of creditors, as well as other persons, including the heirs themselves. In addition, the deadline for accepting an inheritance is determined in order to ensure the further functioning of the subject of inheritance.
The listed moments are not the only oneswhat a time period is for. This period, among other things, is also provided in order to establish the circle of heirs, identify all the property of the testator, determine its value, find out its location. In turn, in the designated period, the successors are obliged to make a decision on whether they will inherit or refuse it.
From the moral and ethical part of the adoptioninheritance by law (testament) allows to distinguish the procedure of this adoption itself and the process associated with the burial of the testator. He allows the relatives of the deceased to recover from the resulting shock and only after that do hereditary affairs.
Considered dates vary bythe duration, on the basis of the calling of the heirs to the inheritance, on the moment from which the term begins to expire. For these reasons, the terms in inheritance law are divided into special and general. The general term for accepting an inheritance is determined by a certain amount of time, it is established by law in six months and begins its countdown from the time when the opening of the inheritance occurred. In other words, if the heir has the right to inherit from the moment of opening the inheritance, then the general term is applied to it.
It should be noted that the six-month period applies in almost all cases. The only exceptions to this rule are situations for which specific deadlines are defined.
The heirs to whom the general terms apply are divided into the following persons:
There are cases when a person is declared dead.By the tribunal's decision. For example, if he has disappeared and cannot be found for a certain amount of time, then relatives have the right to go to court, who can recognize such a person as dead. With such a development, the opening of the inheritance takes place on the date of entry into the legitimate force of the judicial act.
Такой срок является специальным.It is used for persons who went missing, if at the time of such disappearance there were circumstances that suggest that the person died. At the same time, the deadline for accepting an inheritance is the same amount of time as for the general term, that is, 6 months. The difference is only in the moment from which time such a period of time initiates the flow.
In a judicial act the judge must indicatethe alleged day of death, for example, the day when dangerous circumstances or an accident occurred. This day will be considered the day of death and, accordingly, the moment of opening the inheritance. At the same time, the term will begin only on the day when the decision of the judicial authorities enters into legal force. The legislator in this case tries to preserve the rights of those heirs who were on the day of the alleged death, but for some reason were absent from the circle of successors during the introduction of the court decision.
Таким специальным сроком законодатель также protects the rights of heirs who, on the one hand, cannot accept the inheritance until the judicial act is legally binding, and on the other hand, if the count was taken from the date of death, then such a six-month period would surely be missed.
The circle of heirs and the property of the testator, to be included in the estate, are determined on the day, which is the day of the alleged death, fixed by a decision of the judicial authorities.
Special period of acceptance of inheritance by law(testament) applies to persons whose right to inheritance appears due to the unworthiness of previous heirs or their removal. In addition, such a right may also arise on the basis of a waiver of inheritance. It is known that the receipt of inheritance is considered the right of a person and can not be entrusted to him against his will. Differently if the successor refuses to accept the inheritance, then, accordingly, the right to it is transferred to other individuals in the order of priority or according to the will. A special term is applied to such persons, which will still be half a year, only its calculation is considered to be considered from the moment when such heirs have the right to inheritance. Moreover, such a right arises from the day when the notary certifies that the previous heirs waive the inheritance, and if unfit assignments are dismissed, since the entry into the legitimate power of a proper decision of the judicial authorities.
Specialized term of acceptance of inheritancethe will or by law may also apply to persons in whom such a right arises as a result of the non-acceptance of hereditary property by the other heirs. As a rule, such a special period is determined to be three months, and its course begins to occur on the day when the total period ends, calculated from the time of opening the inheritance, or a specialized period, calculated from the date of entry into force of the judicial act, by which the testator is declared dead.
Этот трехмесячный срок фактического принятия inheritance is used only in cases where other successors did not receive an inheritance. How to define it? The legal successor is not considered to have accepted the hereditary property if he has not shown his will to the inheritance in any accessible way. That is, if such a person, during the course of a general or special six-month period, did not submit a corresponding request to the notary for accepting the property, she did not declare giving him a document confirming his right to this property. In addition, if the heir did not undertake any actual measures that could indicate that he had accepted the inheritance property, he, too, would be considered as not accepting it. For example, if an apartment, included in the hereditary mass, is maintained at the expense of the heir, he pays all utilities, bears the burden of maintaining this apartment, paying tax payments, but at the same time did not apply to the notary for the registration of his rights, one cannot assume hereditary property. After all, in fact, he accepted it. But if he, in general, pulled away from such actions, then we can assume that the inheritance is not accepted.
To persons who have not accepted the inheritance may also bethose heirs who did not take any direct action, that is, did not write a statement of refusal and at the same time did not give consent to the reception of this property, are referred. If the successor has died following the opening of the inheritance, it can equally be considered as not accepting the hereditary property.
The methods and term of accepting an inheritance, if an ordinary or specialized period is missed, may also be different. Russian civil law provides for this.
It is not uncommon when the time passedacceptance of inheritance. Restoring the term of acceptance of the inheritance can help in this situation. Legally, such an opportunity is provided for the heir to be able to exercise his rights. However, for such a period to be restored, the necessary grounds. One of them is the ignorance of the heir to the opening of the inheritance. Also other valid reasons may be recognized as such grounds.
Restore missed inheritance deadlineperhaps in two ways. This is a judicial order and the so-called conciliatory order. The first method, as its name implies, is carried out through the courts. The successor, who has missed this period of time, submits an application to the judicial authorities with a request to restore it. Such a statement is considered in the claim proceedings. If the claimant’s claim is satisfied, he will be recognized as the heir and his share in the estate will be determined. Of course, in a statement the plaintiff is required to list the factors for which he missed a certain period of time for an inheritance. Such reasons will be carefully analyzed by the court, they will be given a proper assessment. Some of these are, for example, the facts of concealment from the heir of the death of the testator and, accordingly, the discovery of the inheritance.
Нужно заметить, что у самого наследника при этом should not be able to establish the fact of opening the inheritance, that is, he was not obliged to know about the demise of the testator and that the period of acceptance of the inheritance began to flow. Restoring the term for accepting an inheritance in this circumstance will be very complicated. Usually, such persons who could not keep abreast of what happened, the legislator considers incapable citizens who do not understand the legal results of the opening of the inheritance. Among such incapacitated children and young people, and persons deprived of their legal capacity due to illness, etc. Also, heirs under the will can be attributed to such. For example, a person is listed as an heir in a will, but the remaining heirs and notary have hidden this fact from him. A person who lives far from the testator and does not maintain contact with him, who has not been duly notified of the opening of the inheritance, may also be considered unaware and should know about this legal fact.
Other circumstances that may be recognized by the court as valid:
Of course, the circumstances listed areonly basic, not exhaustive. The court in the consideration of such a civil case will evaluate all the factors and causes. He can recognize other circumstances as respectful by virtue of which the claimant could not accept the inheritance on time.
Еще один важный момент – выполнимость to restore the deadline for accepting an inheritance under a will or by law through a court also has a certain period of time. The application to the court must be sent no later than 6 months from the date when the conditions preventing the acceptance of the estate property have disappeared. For example, a heir who lives in a district remote from the testator and does not maintain contact with him receives a telegram or other message that he has died. The six-month period is activated from now on.
If the deadline for accepting inheritance is violated,recovery of the term of acceptance of the inheritance can be carried out in the second way. They are considered voluntary recognition of the right of the heir to receive the inheritance by other successors who have already accepted it. This method is called the consonant. The actions of the person who missed the considered period, in this case, differ from the first method. He already appeals not to court, but to the other heirs with the wish to restore the deadline for accepting the inheritance. When all such heirs agree to fulfill the request of the late, they give their written consent. Usually it is certified by a notary.
There are several fundamental differences in the conciliation of the restoration of the term for accepting an inheritance from the judicial one.
Thus, depending on the specificcircumstances vary and the period of acceptance of the inheritance. Restoring the term for accepting an inheritance may be complicated by various factors, including the opposition of those who have already accepted the inheritance. It is also impossible to predict the position of the court to skip the term for one reason or another. Therefore, in order to preserve their legal rights and interests, it is necessary to know how long it is to accept the inheritance, and such an interval should not be violated. In any case, if a similar situation has arisen, it is better to apply the conciliation rules for the recovery of missed time, and if it is impossible to apply to judicial authorities.
