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Lawyer Renunciation of inheritance

Areas of law

Renunciation of inheritance is :

A declaration by the temporary heir before the Court of Justice of the Peace that he does not wish to become the final heir.

In the case where the inheritance is in bad faith, and the heir has no substantial interest in accepting it, the law allows him to renounce the inheritance in its entirety.

Time limit for renunciation of inheritance:

The time limit for disclaiming inheritance is 4 months from the moment always when the heir became aware that he has become a temporary heir by will or succession.

If the deceased was resident abroad or if the heir became aware of being an heir while residing abroad, then the time limit for disinheritance is one year. The time limits mentioned above start counting from the moment of the deceased’s death. Except always in certain cases where the heir was not informed of the death in time.

How to make a Renunciation of Inheritance:

The renunciation of inheritance is made by a declaration to the clerk of the court, at the Magistrate’s Court of the place of residence of the deceased. A power of attorney with a notarial deed is required for a disclaimer of inheritance by proxy. If the time limit as prescribed by law for renunciation of inheritance has expired, the inheritance is deemed to have been accepted. If the renunciation is made within the time limit, it is considered legally invalid.

Time limit for renunciation of inheritance by a minor:

The time limit for renunciation of inheritance also applies with regard to minors. If the time limit expires, the minor becomes the heir. If an inventory is drawn up within one year of his or her coming of age, the privilege of not being liable for the debts of the deceased is not lost. The consequences of inaction by misunderstanding may be disastrous. Minors inadvertently become heirs and suddenly find themselves in debt, as the deceased had unpaid debts that are now borne by them as ordinary and not ceded heirs.