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Kazakh Court Upholds Ban on Partial Inheritance Renunciation

One person’s fight to reclaim specific assets hits a legal wall. Why Kazakhstan’s inheritance laws remain unchanged—and what it means for heirs.

In this image, I can see a ruled paper. This is the pencil art of the man, books and words on the...
In this image, I can see a ruled paper. This is the pencil art of the man, books and words on the papers.

Kazakh Court Upholds Ban on Partial Inheritance Renunciation

A Kazakh citizen has taken their dispute over inheritance laws to the Constitutional Court. The individual challenged a Civil Code provision that disallows partial renunciation of an inheritance. However, the court has dismissed the petition.

The petitioner, whose identity remains undisclosed, targeted Part 8 of Article 1074. This clause prohibits heirs from refusing only part of an estate or doing so with conditions. The petitioner argued that this restriction infringes upon their right to specific assets, such as bank deposits and pension savings, guaranteed by the Constitution's Article 26(1).

The Constitutional Court, in its ruling, affirmed that the challenged provision does not violate constitutional rights. It cited the Supreme Court's legal stance, which allows revocation of inheritance renunciation only under duress or error. The court found no grounds to accept the petition for constitutional review.

The Constitutional Court has upheld the Civil Code's prohibition on partial renunciation of inheritance. The petitioner's argument regarding specific assets was not deemed sufficient to override the existing law. The court's decision maintains the current legal framework governing inheritance in Kazakhstan.

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