Inheritance Disclaimer

What applies to cases of disclaimed inheritance?

In the event that the heirs wish to disclaim the inheritance, they are requested to submit the relevant application to the Clerk of the Magistrate’s Court, in whose district the deceased had his residence at the time of death, within an exclusive period of four (4) months. The deadline starts when the heir is notified about the induction and the reason thereof. In induction by will, the deadline does not start until the publication of the will.


Induction is the summoning of the heirs to the inheritance and the universal, direct and self-righteous possession of the inheritance by them.


In the event that the four-month period elapses without submitting an application for disclaimer of inheritance, then it is considered that the inheritance has been tacitly accepted.
 

Are there exceptions?

Yes, in two cases. If the deceased had his last residence abroad or if the heir was notified about the induction while residing abroad, then it is possible to disclaim the inheritance within one year.