Refusal of inheritance is defined as the refusal of legal or appointed heirs upon the death of the testator of the rights and obligations of the inheritance, which is formed together with all kinds of debts and receivables of the deceased.
According to the principles of inheritance law, legal and appointed heirs acquire the title of heir spontaneously upon the death of the testator. When the title of heir is acquired, they are no longer responsible for the debts of the bequeathed person not only with the tereke, but also with their own personal assets.
MK. according to 599, the inheritance passes to the heirs immediately and by law upon the death of the testator. For this, as a rule, heirs do not need to make a statement of will. In other words, the inheritor’s receivables and debts also pass to the heirs, and the heirs are responsible for this not only with the tereke, but also with their personal assets. For cases where the testator is in debt in this way, there is a “denial of inheritance” institution so that the heirs are not responsible for this.
Since the inheritance will pass to the heirs spontaneously upon the death of the testator, the inheritance may be refused only after the death has occurred. The right to refuse does not arise until the testator dies. Refusal of inheritance, Civil Code (MK) 605-618. it is Deciphered among its substances.
Appointed or legal heirs can file a claim for “renounced inheritance” in two ways:
The Real Rejection of the Inheritance
Refusal of Inheritance by the Judge
WHAT IS THE REAL REJECTION OF THE INHERITANCE?
MK m.according to 609, the inheritance is rejected by the fact that the heirs who have the power to distinguish and are mature inform the Magistrate’s Court of the last settlement of the bequeathed person of their unregistered and unconditional declaration that they have refused the inheritance in writing or orally. This rejection statement is not subject to any form requirements. It will be enough to notify the court in writing or orally.
Together with the declaration on the refusal of the inheritance, the heir gets rid of the responsibility for the debts of the landowner, while at the same time the right to become the heir disappears.
-A statement of refusal of persons without a full driver’s license is made by a legal representative.
-MK m for those under guardianship.according to 463, in addition to the guardian’s statement, the permission of the magistrates or the civil courts of first instance is also required.
-In persons without a limited driver’s license, with the approval of the legal representative, either he or his legal representative can directly make a statement of refusal.
-In the property partnership regime, one of the spouses cannot refuse a property that will enter the property of the partnership without the consent of the other, and cannot accept it if the landowner is in debt (MK m.225).
The refusal statement must be unregistered and unconditional (MK m.609). Otherwise, the registered and conditional statement of refusal will be invalid, so the heir gains the inheritance. The exception is MK M.it is the rejection of the inheritance in favor of the subsequent heir, which was held in 614. Hereby, the heirs who refuse the inheritance may request that the heirs who come after them be invited to accept or reject the inheritance before the official liquidation of the inheritance. After that, the arbitrariness of refusal is officially communicated to these heirs. If these heirs do not accept the inheritance within one month, the inheritance is also considered rejected by them and the inheritance is liquidated in accordance with the bankruptcy provisions(TMK m.614)
HOW TO MAKE A REFUSAL OF INHERITANCE?
The heir may refuse the inheritance by submitting a statement in writing or orally to the Magistrate’s Court in the last settlement of the testator(TMK. m. 609) This statement of refusal must be unregistered and unconditional to cover the entire heritage. The inheritance is partially irrefutable. Otherwise, the heir acquires the inheritance.
If the process of refusal of the inheritance has not been the result of error, deception, intimidation, it is not possible to return unilaterally after the registration of the refusal statement by the Magistrate. If the heir makes a statement of refusal as a result of error, deception or deception, a request for cancellation may be made for the refusal process.
AT WHAT TIME SHOULD THE REFUSAL OF THE INHERITANCE BE MADE?
The period prescribed for the refusal of the inheritance is established by law in the amount of three months. Accordingly, the testator must submit a request for refusal of the inheritance within a three-month period after his death or upon learning that the heir is the heir. This refusal request is registered without the discretion of the Magistrate.
The inheritance can be refused within three months. This period begins to function from the death of the testator, on the date when the savings for the appointed heirs are officially notified to them, unless they prove that they have learned later that they are the heirs for the legal heirs (TMK. m. 606). During this period, the inheritance that is not rejected is acquired.
In cases where the official book is kept for another period, the rejection period is regulated as one month (TMK. m. 626). After the expiration of the book review period, the heir must declare that he has refused the inheritance, that he wants official liquidation, or that he has accepted it according to the book or unconditionally. However, if necessary, the judge may October additional time (TMK. 626). This starts with the notification to the heirs of the call that the Magistrate’s Court, which keeps a tereke book for a period of one month, invites the heirs to the court to explain their decisions about the tereke (TMK m. 626).
The beginning of the periods of refusal of the inheritance occurs in the following ways:
For Legal Heirs: As a rule, for legal heirs, this period begins as soon as they learn of the death of the testator (TMK m.606). If the title of heir was learned later, the start date is determined as this date. If the legal heir has been left out of the inheritance with savings due to death, the rejection period begins on the date when the heir finds out that this savings has been canceled.
For Appointed Heirs: The period of refusal for appointed heirs is three months (TMK m. 606). This period begins with the fact that the Magistrate’s Court of the heirs officially opens the Will and notifies them. For heirs appointed by the inheritance agreement, this period works in the same way as for legal heirs.
Registration of the termite as a Protection Measure: In case of writing the termite as a protection measure, the period of refusal of the inheritance begins with the notification of the writing process by the magistrate for the legal and appointed heirs (TMK m.607).
Transfer of the Right of Refusal to Subsequent Heirs: The right of refusal of the heir who dies without refusing the inheritance passes to his own heirs (TMK m. 608). In this case, the heir who replaces the deceased heir has the right to two rejections. This heir has the right to refuse both the inheritance left to him by his testator, and the right to refuse the inheritance left to his testator from his testator. The heir can refuse these two legacies, as well as refuse the inheritance left only to the one who left his own inheritance. However, the heir cannot refuse the inheritance left by his or her testator and accept the inheritance left by his or her testator. Because the first inheritance is passed on as part of the estate of the one who left his own inheritance, who died without refusing him the inheritance.
Extension of the Period and Granting of a New Period of Time: If there are important reasons, the magistrate may extend the period of refusal granted to legal and appointed heirs or grant a new period of time (TMK m.615). The existence of a justifiable reason is being sought in order to be extended by granting a new period of time.
