Making Refusal Inheritance
In order to make a refusal of inheritance, the inheritor must be dead. Rejection of inheritance cannot be made before the death of the heir. Inheritance can only be renounced with an inheritance contract before the death of the heir.
The refusal of inheritance can be made by the legal or appointed heir with an unconditional and unconditional verbal or written statement within the time limit. If we list these conditions:
Legal or appointed heir can do it.
It can be made within 3 months from the death of the heir.
It must be unregistered and unconditional.
The heir who has the power of discernment and is an adult can do it alone.
It can be made with an oral or written statement.
The declaration of refusal meeting these conditions shall be made to the Civil Court of Peace where the inheritance was opened. The magistrate shall record the verbal or written declaration of refusal with a minute. Declaration of refusal made within the time limit shall be recorded in the special registry by the court of peace of the place where the inheritance is opened, and if the refusing heir wishes, he shall be given a document showing the refusal.(Article 609 of the Civil Code)
Declaration of refusal of inheritance cannot be made conditionally. Therefore, it is not possible to accept part of the inheritance and reject the rest. If the heirs wish to reject the inheritance, this is only possible by rejecting all assets and debts together. There is only one exception to the rule of unconditional refusal of inheritance.
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