The Constitutional Court clarified the issue of the heir's right to renounce part of the inheritance

Теlegram CС - https://t.me/consot_kz  

 

The Constitutional Court of the Republic of Kazakhstan received an appeal from a citizen challenging the provisions of Part 8 of Article 1074 of the Civil Code. This provision prohibits the renunciation of part of an inheritance, as well as renunciation with reservations or conditions.

The applicant believes that this legal provision restricts his rights to receive certain property as part of the inheritance, in particular, cash deposits and pension savings.

The Constitutional Court recalled that paragraph 1 of Article 26 of the Constitution guarantees citizens the right to private ownership of any legally acquired property.

At the same time, according to the legal position of the Supreme Court, expressed in paragraph 9 of the normative resolution, a person who has voluntarily renounced inheritance cannot subsequently change or revoke this renunciation. The exception is cases where the renunciation was made under pressure or by mistake - in such situations, it can be challenged in court.

The Constitutional Court emphasized that the right to judicial protection is guaranteed to everyone, and the applicant exercised this right by applying to the court.

In view of the above, the Constitutional Court concluded that the arguments presented did not indicate a violation of constitutional rights and found no grounds for accepting the application for constitutional proceedings.