Restoring the missed deadline for accepting an inheritance
This is the INHERITANCE LAWYER channel.
Inheritance lawyer Aleksey Vyacheslavovich Moskvichev answers questions.
Today, in the "Court Decisions" section, we will once again return to the issue of reinstating the missed deadline for accepting an inheritance.
We would like to draw attention to the key point, the underlying message of the decision under consideration: the law does not link the possibility of reinstating the deadline for accepting an inheritance to the date when the heir learned of the existence of the inherited property and its composition. The legally significant circumstance is when the heir learned of the opening of the inheritance, that is, the date of the testator's death.
In other words, it does not matter that the heir was unaware of the testator's property. The court will not reinstate the missed deadline on this basis.
And here's a telling example.
Olga Petrovna filed a lawsuit against the rural settlement administration seeking reinstatement of the deadline for accepting an inheritance that opened after her father's death and recognition of her right of ownership of a residential building and land plot by inheritance under the law. In her statement of claim, she stated that the inheritance opened after her father's death in 2011. She only learned of the inherited property two years later, in 2013. She believed she had missed the deadline for accepting the inheritance for a valid reason and should be reinstated, as she was unaware of her father's inheritance and could not have known about it, as her parents had divorced in 1999, after which she lost contact with her father for a long time. The court of first instance upheld Olga Petrovna's claims.
The appellate court overturned the court's decision and dismissed the claims. The panel of judges also stated that the time limit for accepting an inheritance may be restored to the heir only if the heir was unaware and should not have been aware of the opening of the inheritance, that is, the death of the testator, or if the heir was aware of it but was unable to express their will in the prescribed manner due to circumstances that objectively prevented them from promptly submitting an application for acceptance of the inheritance or actually accepting the inheritance.
The case materials indicate that Olga Petrovna did not apply to a notary for acceptance of the inheritance within the statutory period after her father's death. In her statement of claim, she cited the fact that her parents' marriage had dissolved, she lived in another city, and was unaware of the existence of the inherited property.
However, the law does not link the possibility of restoring the time limit for accepting an inheritance to the date the heir learned of the existence of the inherited property and its composition. The legally significant circumstance is when the heir became aware of the opening of the inheritance, that is, the date of the testator's death. The plaintiff learned of her father's death promptly and attended the funeral.
However, she filed a petition to reinstate the deadline for accepting the inheritance only two years after the deadline had expired.
Since the plaintiff, in justifying the validity of the reasons for missing the deadline for accepting the inheritance, does not cite objective circumstances beyond her control, pursuant to the aforementioned provisions of the law, the circumstances she stated cannot serve as grounds for reinstating the deadline for accepting the inheritance.
The lack of information about the presence of real estate as part of the inherited property does not constitute a valid reason for missing the deadline for accepting the inheritance, since the lack of information about the inherited property does not prevent her from contacting a notary to accept the inheritance.
Under these circumstances, the panel of judges concluded that the stated claims were unfounded.
Case No. 33-899/2019, Tsivilsky District Court of the Chuvash Republic.
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