How to restore the missed deadline for acceptance of the inheritance if the heritor missed it after his mother's death

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How to restore the missed deadline for acceptance of the inheritance if the heritor missed it after his mother's death

Legislation admits such a possibility, but at the same time it demands following certain conditions and order. According to article 1155 of the Civil Code of the Russian Federation on the application of the heritor who missed the term of six months fixed for acceptance of the inheritance the court can restore it.

As legislation gives full power of restoration the missed deadline for only to the court, it is quite necessary to follow a certain procedure. First an application addressed to the court is drawn up. In this application the reasons for missing the deadline are pointed out and the documents to prove valid reasons are provided.

The fact that the inheritor didn't know about the inheritance and was not to know about the opening of the inheritance is considered to be a valid reason. Also valid reasons can be the following: concealing the fact of the testator's death by other heritors, juvenile age of the heritor together with absence of energetic actions of the legal representatives of the juvenile heritor or his guardians and trustees for the adoption of inheritance, disability or limited ability of the inheritor and also absence of energetic actions of his guardians and trustees for the adoption of inheritance.

It is important to point out the fact that the grounds for considering the reasons valid or not valid are not comprehensive and can be defined by the court only.

As for the terms during which it is possible to apply to the court for taking a decision on the issue of restoration the missed deadline for acceptance of the

inheritance it is limited by six months after the question of the reasons for missing the deadline is settled. If the heritor misses this fixed period for restoration of heritage he is deprived of the right to receive it.

At the same time the heritor, who missed the term for acceptance of the inheritance, can restore it without legal recourse in condition that all the heritors, who have accepted the inheritance, agree with it, and they apply to the notary in a written form mentioning in their application the fact that they have no objections to include the person, who missed the above mentioned term for acceptance of the inheritance, in the list of the heritors. Each heritor must express his agreement personally by way of his private meeting with the notary conducting the hereditary case, or each heritor must confirm his agreement at any other notary and send it by mail to the notary conducting the hereditary.

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