Procedure for recognizing heirs as unworthy
After a deceased relative, his heirs can receive an inheritance if they are not recognized as unworthy heirs.
The recognition of the heir as unworthy is carried out exclusively in court at the request of the person for whom the removal of the heir from inheritance gives rise to property consequences. Thus, interested persons, who are also entitled to inheritance, can apply to the court with a claim to declare the heir unworthy.
To declare an heir unworthy, the court must have sufficient evidence.
Grounds for declaring an heir unworthy
There are several grounds for declaring heirs unworthy.
Thus, an heir who has committed a premeditated murder of the testator or attempted his life can be recognized as unworthy. In this case, the fact of murder must be confirmed by a court verdict. The intent to kill is of great importance; guilt by negligence does not deprive the right to inheritance.
In the event of an attempted murder of the testator, the heir may be called to inheritance if the testator has forgiven him and, after the attempted murder, made a will in his favor.
There are other grounds for declaring an heir unworthy. So, if a person, by his illegal intentional actions, contributed to the deprivation of other heirs of the inheritance, or prevented the drawing up of a will in favor of other heirs, or forced to draw up a will in his favor. All these actions must be supported by evidence that is considered in court.
If the heir by illegal actions contributed to the increase in the share in the inheritance due to him, he may also be recognized by the court as an unworthy heir.
Parents who have been deprived of parental rights and have not been reinstated in them by the day their children die are recognized as unworthy heirs after children. At the same time, in order for the court to make a decision on the removal from inheritance, it is necessary to have a court decision on deprivation of parental rights.
There is one more reason for declaring an heir unworthy. This is a willful evasion of their responsibilities for the maintenance of the testator. Moreover, such obligations must be confirmed by the existing act of legislation.
It is the definition of the “evilness” of evading human content that is of great importance. A malicious character can be expressed in hiding his real earnings, changing his place of residence in order to evade the maintenance of a person or pay alimony.
The violator may deliberately refuse to pay funds for the maintenance of the testator for several months or even years. When determining “maliciousness”, the duration of evasion from the financial security of the testator is also taken into account. The obligation to maintain can be confirmed by a court decision on the payment of funds for the maintenance or an act of legislation that has entered into force.
If the heir has already received the inherited property, and was subsequently declared unworthy, then he is obliged to return the property received.
Our lawyers have been dealing with inheritance issues in the Republic of Belarus for more than 10 (ten) years. If you have questions related to inheritance in Belarus, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@inheritancelaw.by
