Types Of Refusal Inheritance
There are two types of refusal of inheritance. These are
Forfeited inheritance
Actual refusal of inheritance
In the actual rejection of the inheritance, a clear declaration of will of the heir is required. In the forfeit rejection of the inheritance, it is necessary that the insolvency of the heir is clearly evident or officially determined.
FORFEITED REFUSAL OF INHERITANCE
If the inheritance is rejected by the heir due to the insolvency of the heir, a forfeited rejection comes to the fore. Pursuant to paragraph 2 of Article 605 of the TCC, “If the heir’s insolvency is clearly evident or officially determined at the date of his death, the inheritance shall be deemed rejected.”
The insolvency of the heir is determined according to the date of death. As of this date, all debts of the heir constitute the liabilities of the estate and all assets constitute the assets of the estate. If the liabilities of the estate are more than the assets, this indicates that the estate is insolvent and indebted. In case of forfeiture, the inheritance is deemed to be rejected automatically and no further declaration of rejection is required. A lawsuit can be filed at the Civil Courts of First Instance at any time after the death of the heir for the determination that the inheritance is insolvent and that the heir is incapable of payment on the date of death.
REAL REFUSAL OF INHERITANCE
It is the rejection of the inheritance by the legal and appointed heirs of the inheritance by declaring their intention not to accept the inheritance orally or in writing by complying with the conditions stipulated in the law. This declaration must be made to the Civil Court of Peace in the last place of residence of the heir.
The declaration regarding the rejection of the inheritance has the nature of a reversible innovation. Adult heirs who have the power of discernment may make a declaration of refusal of inheritance in accordance with the conditions. Pursuant to Article 609 of the TCC, the following conditions must be fulfilled in order to reject the inheritance:
By verbal or written declaration
By legal or appointed heirs
It must be done unconditionally and unconditionally.
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