Actual Acceptance of Inheritance by a Minor Heir: Realization and Legal Consequences

Abstract

The article examines the issues of acceptance of inheritance by a minor heir in an actual manner, and also analyzes the legal consequences arising for such an heir in connection with the acceptance of the inheritance. It was established that the actual acceptance of inheritance is a transaction made by implicative actions. Minors over 6 years of age have the right to make this transaction independently, since it complies with civil law. On behalf of a minor heir, a legal representative acting in his interests can accept the inheritance de facto. It is necessary to enshrine in civil legislation the presumption of acceptance of an inheritance by a minor heir. This provision will allow to a greater extent to guarantee the inheritance rights of a minor heir and ensure the stability of property relations. If the child is under 14 years old, legal actions to fulfill the obligations to maintain the property inherited by the child are assigned to his parents, which follows from civil legislation. The legal grounds for parents to bear such obligations are not defined if the owner of the inherited property is a minor aged 14 to 18 years. The approach of imposing on parents the responsibility for paying utility bills for residential premises owned by a child aged 14 to 18 years, established in housing practice, requires legislative justification.