What are the Consequences of the Refusal of the Inheritance?
With the refusal of the inheritance, the title of heir expires effectively in the past, that is, from the moment of the death of the heir (MK m. 611). Refusal of inheritance entails legal consequences for legal heirs and designated heirs separately:
Legal Consequences of Refusal of Inheritance from the Point of View of Legal Heirs
Denial of inheritance effectively ends the title of heir to the past. The inheritance is apportioned as if the heir who has refused the inheritance died before muris. If the one who refuses the inheritance has a lower one, the share of inheritance passes to them, or in this case, the share of inheritance increases for those who inherit the same group as him.
If all the representatives of the nearest legal heirs refuse the inheritance, the tereke MK. m. according to 612/l, it is liquidated by the magistrate court in accordance with the bankruptcy provisions. Inheritance does not pass to heirs who replace the one who refuses the inheritance.
After the official liquidation is made, the Dec Decently remaining ones are divided between those who refuse the inheritance (TMK m. 612/ll) Only if all the appointed heirs refuse the inheritance will their share be returned to the landowner and the legal heirs will benefit from it. In this case, TMK 612 is not applied.
If all the heirs, both legal and appointed, refuse the inheritance, official liquidation is carried out according to TMK 612.
TMK 612 is not applied in this case only if the legal heirs refuse the inheritance. According to TMK 611, their share will pass to the legal heirs who have taken their place.
In case of refusal of the inheritance by the whole of the subsoy, according to MK 613, the entire share of the inheritance of the subsoy passes to the spouse, and the spouse becomes the sole heir. When the entire family refuses the inheritance, the inheritance does not pass to the second group and the spouse becomes the sole heir. The altsoy here is only the altsoy, who was the heir in the first place with the death of the murisin, and not the entire altsoy clan.
In TMK 614, he arranged the rejection of the inheritance in favor of the subsequent heir. Accordingly, the heir who refuses the inheritance refuses the inheritance, provided that the heir or heirs who came after him are invited to accept or reject it. This invitation is made by the Magistrate’s court of the last settlement of Murisin. The court invites the lower-ranking heir to make a decision within a month. Spending this time in silence is considered a refusal. (TMK 614/ll)
Consequences of Refusal of Inheritance of Assigned Heirs
If the appointed heirs refuse the inheritance, if there is no other arrangement, only the legal heirs benefit from the section of the rejected inheritance (TMK m 611/ll).
