How to give up an inheritance

Once we know that we are the legitimate beneficiaries of an inheritance, we must proceed to renounce it or accept it . We do not always have to accept it, depending on the conditions in which we find ourselves and what we will inherit. Like most processes related to testaments, giving up an inheritance has a few steps to follow. In .com we explain how to give up an inheritance in a simple way.

Characteristics and reasons for renouncing an inheritance

Any person who is a legitimate beneficiary of an inheritance has the right to accept or renounce it freely under his own will, however, it must be done in full inheritance, we can not accept one part and renounce another. Some of the reasons why we may wish to give up an inheritance are:

• In the event that the inheritance includes a significant amount of debts, and we do not want or can not be charged.
• We wish to renounce our part in favor of another heir who finds himself in an unfavorable economic situation.
• We have a disability that prevents us from enjoying said inheritance.
• There are common cases of elderly people who receive an inheritance and wish to delegate this to their descendants.

Characteristics of the renunciation of inheritance:

• We can only carry it out if we are the legitimate beneficiaries of that inheritance.
• You can not partially renounce the inheritance, we have to accept it or renounce it in its entirety to the part that belongs to us.
• It is an irrevocable act once we have resigned.
• It can not be carried out if an event has happened for which the acceptance of the inheritance is automatic.

How to give up the inheritance

• The resignation must be express and explicit.
• It must be done in a public deed before a notary or before the court in case there is a judicial procedure that is managing the inheritance.
• It can be done in the same document in which the inheritance is partitioned .
• It must have been nine days since the death to be able to renounce the inheritance.
• We can not reject it if it causes a loss to our creditors. These may request that they be authorized to claim the part that corresponds to them.
• Another possibility is acceptance for the benefit of inventory . This means that we will only respond to the inherited debts up to the limit of the value of the inherited patrimony. In this way the debts of the inheritance will not cause a damage to our patrimony.