Court Recognition of Heirship
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When a loved one has passed away, and there are questions related to inheritance, there may be a situation when you have to declare your right to inheritance in court. When a person believes that he has the right to inheritance, but it is not in the will, and when inheriting by law, other heirs inherited the property, you can go to court during 6 months after the death of the testator. This day is considered the day of the opening of the inheritance.
What can be done before going to court
When there are other heirs, you can try to negotiate with them: get their written consent to accept the inheritance. Each heir must be contacted in writing with a request for consent to accept the inheritance. When all the other heirs agree, they submit a written statement to the notary who opened the inheritance case that they agree to accept the inheritance by the new heir.
The notary, who has received such consent, cancels the original certificate of inheritance, and issues a new certificate.
Recognition as an Heir in Court
A statement of claim requesting recognition as having accepted the inheritance can be filed with the court when:
- all the heirs did not agree to the acceptance of the inheritance by the new heir,
- for various reasons it is impossible to obtain the consent of other heirs to accept the inheritance,
- there are no other heirs.
The statement of claim is filed with the court at the testator’s last place of residence. When there are other heirs, the claim for recognition as having accepted the inheritance is submitted against them, as defendants. When there are no other heirs or they have not accepted the inheritance, the claim is submitted to the trustee (if appointed by a notary) or to the state authority at the location of the inherited property: the executive committee or district administration.
When the heir has missed 6 months to accept the inheritance for good reasons, the court recognizes the person as the heir. Valid reasons include, for example, cases when the heir did not know and could not know that the inheritance was opened, a serious illness of the heir. Another condition for a positive court decision is to apply to the court within 6 months after the circumstances for which the heir missed the deadline for accepting the inheritance ceased to apply.
What documents need to be prepared for the court
It is necessary to send a statement of claim to the court with the requirement to recognize the heir as having accepted the inheritance. Copies of the statement of claim must be attached to each of the defendants.
Before sending a statement of claim to the court, you need to pay a state fee — 3 basic values. A receipt from the bank for payment of the state fee is attached to the statement of claim.
The statement of claim must also be accompanied by documents that confirm the circumstances referred to by the author of the claim.
What are the consequences of recognizing an heir in court
When the court makes a decision on recognizing a person as an heir, it is not necessary to apply to a notary for a certificate of inheritance. The court’s decision will be a document that confirms the acceptance of the inheritance. In such a decision, the court decides on the rights of other persons to inheritance, on invalidation of previous certificates of inheritance, etc.
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Grounds for Court Invalidity of Inheritance Rights Certificate
Recognition of an Heir as Undeserving
An heir can be deemed undeserving, leading to the invalidation of the inheritance rights certificate if their actions or behavior contradict the legal requirements for inheritance.
Failure to Receive Mandatory Inheritance Share
If a person entitled to a mandatory share in the inheritance does not receive it, the court may invalidate the inheritance rights certificate to ensure fairness and legal compliance.
Invalidity of a Will
A court may declare a will invalid if there are legal or procedural errors, leading to the potential invalidation of the inheritance rights certificate issued under the contested will.
Incorrectly Calculated Inheritance Shares
The court may invalidate the inheritance rights certificate if inheritance shares are mistakenly calculated, ensuring that each heir receives their legally designated portion of the estate.
Forged Documents Submitted to Notary
The court may invalidate the inheritance rights certificate if inheritance shares are mistakenly calculated, ensuring that each heir receives their legally designated portion of the estate.
Other Grounds for Invalidity
In other situations where legal irregularities, fraud, or violations of inheritance laws are discovered, the court may declare the inheritance rights certificate invalid to protect rightful heirs.
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FAQ
The time frame for accepting inheritance is generally six months from the date of the decedent’s death. However, the time may vary depending on the jurisdiction and circumstances. It is important to adhere to this deadline to avoid losing the right to inherit.
Heirs include family members such as children, parents, spouses, and other close relatives. In certain cases, distant relatives or individuals named in the will can also inherit. Legal heirs are determined by either the will or the law of inheritance.
If an heir misses the deadline for accepting inheritance, they can file a lawsuit to restore their rights. Valid reasons for missing the deadline can include illness, lack of knowledge about the inheritance, or other serious circumstances that prevented timely action.
Yes, inheritance includes both assets and liabilities (debts). However, if a person does not wish to inherit debts, they can refuse inheritance. Forced inheritance is not provided by law; individuals have the right to accept or reject inheritance.
Renouncing inheritance means formally giving up any claim to the inheritance, while not accepting inheritance may occur due to failure to act within the prescribed period or other reasons. Renunciation is a legal process, while non-acceptance may be circumstantial.
Yes, there have been cases where heirs were disinherited by the court due to reasons such as misconduct, lack of proper conduct towards the deceased, or as specified in the decedent’s will. Disinheritance is allowed under certain legal conditions.
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LawyerLegal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
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