The renunciation of an inheritance, depending on the circumstances, can be both a good and a bad decision. While it seems that they are all benefits, it is important to know that just as you can inherit money or property, it is also possible to receive debts or burdens. This, many times, produces that those who perceive the transfer of goods want to request the renunciation. How is it done and what should be taken into account? We tell you in this article.
Can an inheritance be renounced?
Let’s start by defining what inheriting is and what it entails. An inheritance consists of the money, property, and rights and obligations of a deceased person, in compliance with the provisions of the will or the law. Specifically, inheriting is the legal act by which the transmission of all the aforementioned is perceived. If receiving an inheritance involves obtaining more debts than benefits, or if inheritance taxes are very high and cannot be met, the renunciation of the inheritance may be required. In some cases, making this decision may turn out to be the best one.
Renunciation of inheritance is the act through which an individual who is called to succession, makes a declaration of renunciation of inheritance. It is a personal, free, voluntary, irrevocable act, and with retroactive effects. Let’s see how this act is performed.
How is the resignation made?
As mentioned above, the renunciation of an inheritance is an irrevocable fact, that is, once it has been made, it means the loss of all rights over the assets of the deceased person and the non-possibility of going back. For this reason, before deciding to reject or accept an inheritance, you should consult with a lawyer specializing in inheritance law to advise on the best path to take, and inform the steps that must be carried out properly.
To refuse the inheritance, the individual must appear before a Notary and request withdrawal. In cases of minors, judicial authorization is needed, since it is based on the fact that an inheritance will be of benefit. Therefore, it is necessary to justify to the judge the reasons for the resignation, and then obtain his authorization. Let’s see what are the two types of waiver existing:
- Pure and gratuitous renunciation: the person who inherits renounces it without the existence of a will. As it is not made in favour of anyone, the inheritance passes directly to the substitute provided for by the will. If there is no will, it passes to the rest of the co-heirs.
- Waiver for the benefit of someone: In this type of waiver, the heir may reject an inheritance in favor of another individual heir. In this case, two taxes must be paid: an inheritance tax (for inheriting) and another gift tax (for donating the inheritance).
It should be noted that the person who makes the renunciation of an inheritance, is doing it for himself and for his own heirs. The hereditary rights, then, would not pass to the heirs themselves but to the rest of the co-heirs, unless there is a will or that it has been previously foreseen.
In the event that the creditors of the heir are informed of the inheritance, they can request the acceptance of the inheritance from the judge, in order to collect the outstanding debt, since otherwise, the renunciation of the inheritance would harm them.
Withdrawal periods
Nowadays, inheritance waivers have increased considerably, so receiving questions about deadlines is very common in inheritance law firms. The renunciation of an inheritance can be made at any time, since the Spanish Civil Code does not establish deadlines. However, it cannot exceed the limitation period of 30 years.
Below, we will mention some specifications of deadlines that should be taken into account:
- An inheritance cannot be renounced before the death of the individual.
- If it is waived after the statute of limitations for the Inheritance and Gift Tax, the law considers that it is treated as a donation to the rest of the heirs.
- The deadlines established in articles 1004 and 1005 of the Civil Code.
- The resignation cannot be performed until 9 days after the death of the person.
- The notary shall set a period of no more than 30 days for the acceptance of the waiver. In the Community of Madrid, if this period is passed, the inheritance is taken as accepted.
Documentation to be submitted
In general, the lawyer of the rejector of the inheritance is the one who informs and requests the necessary documents to correctly process the signing of the deed of renunciation of the inheritance with the Notary. This documentation must prove that the rejector is a relative of the deceased person or that it appears in the will, and that there are no other people closer to whom the inheritance corresponds. These are the necessary documents to present to make the resignation:
- ID of the heir who rejects the inheritance.
- Act of declaration of intestate heirs or will.
- Death certificate.
- Certificate of last wills.
Other Frequently Asked Questions
Can only part of an inheritance be renounced?
You should know that it is not possible to renounce a part of an inheritance, since the Spanish Civil Code establishes that partial renunciation is not possible. This means that it is not possible to renounce debts alone, if they exist, and benefit from the rest.
Can you renounce an inheritance in life?
Faced with the question of whether it is possible to refuse the inheritance of a person who has not yet died, the answer is no. Article 991 of the Spanish Civil Code states: “No one may accept or repudiate without being certain of the death of the person to whom he is to inherit and of his right to inheritance.” That is, you must wait for the deceased to die, to renounce said inheritance.
If you still have doubts, contact us so we can advise you. In Blegal we are the only firm that encompasses all your needs. The best advisors and lawyers are at your disposal online and in person.
For information on related topics visit our Civil and Procedural Law
page.
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