Inheritance is a set of property rights and obligations that a person possesses at the time of his or her death. At that moment, the whole set of rights and obligations passes to his heirs, who can accept or abandon that inheritance. The reasons why an adult accepts or does not have an open heritage are irrelevant. Brian Ross Toronto is a legal place where you can get help with your matter. It is important to know your legal rights in order to exercise them properly. And who else can provide you with a better assistance if not a lawyer who has enough experience providing help to many people?
Following the submission of an application for refusal or acceptance of inheritance and in compliance with the form in which it is to be made, the court, without discretion, shall enter the refusal in a special book kept by the district court.
Until recently, however, the majority of jurisprudence had accepted that minors could not renounce inheritance, and the court refused to record such denials. The courts found such inheritance waivers inadmissible because minors could not waive their rights under an express provision of the Family Code.
However, there are many cases in life where only inheritance is included in the inheritance, or the obligations are far greater than property rights, and accepting such inheritance means to assume the obligations of the testator, which the property left by him cannot satisfy.
What is the current practice of the HCV?
In these cases, according to the current practice of the Supreme Court of Cassation, it is permissible to refuse inheritance on behalf of a minor, respectively a minor heir. The Supreme Court held that renouncing an inheritance does not mean giving up rights, and is permissible to be committed by a minor.
However, this refusal should be assessed in the light of the rights and obligations included in the inheritance. The district court hearing the application for waiver should assess the rights and obligations included in the inheritance, weigh the assets and liabilities of the hereditary estate, and if the waiver does not conflict with the interests of the minor, to record this refusal in the court’s special book.
Inheritance is a statement that is irrevocable and the consequences of it must be taken into account before such action is taken. The admission of the opportunity for minors to benefit from this procedure with all its legal consequences can be assessed as a positive and long awaited solution in the Bulgarian case law.
In this eternal age, the interests of children who until now have not been able to give up entirely on hereditary debts are much more protected. We all have the right not to inherit something if it is not in our benefit or if it is something that we do not like or want. No one can or should force anyone to do something like that.