Renouncing an inheritance: when it makes sense
Renouncing is final, and it is not always the right move. Many renunciations made out of fear of debt would have been avoided by accepting under benefit of inventory.
How it is done
Renunciation must be express, in a public deed before a notary. There is no tacit renunciation and no renunciation by doing nothing.
It is unconditional and irrevocable, and indivisible: you cannot renounce the debts while keeping the assets.
Who inherits instead
Under a will, whoever the testator named as substitute; failing that, the share accrues to the other heirs.
In intestacy, the share passes to the next in line. It is very common for a renunciation to push the problem onto your own children, who must then renounce as well — and if they are minors, that requires court approval.
The alternative
Benefit of inventory lets you take the estate while being liable for debts only up to the value of what you inherit. If a surplus remains after clearing the liabilities, it is yours. Renounce, and that surplus is lost.
Tell us about your case
First assessment at no cost. We tell you whether you have a case, what deadlines apply and what it would cost.
About this guide.
Can I renounce after accepting?+
No. Acceptance is irrevocable, as is renunciation. That is why the decision must be taken with the inventory in front of you.