repudiate an inheritance

Repudiating an inheritance is a legal act that allows a person designated as heir or legatee to reject the acquisition of the inheritance for various reasons. Normally the fact of accepting an inheritance is something positive, since it increases the heritage and economic capacity of the heir. However, in certain cases, it may be inconvenient to accept an inheritance due to debts in excess of assets, lack of interest in inherited property, or personal and moral reasons.

Repercussion in the patrimony when repudiating an inheritance

The legislation contemplates the figure of repudiation of inheritance, which allows any person designated as heir or legatee to formally express their desire not to accept the inheritance. This repudiation must be made before a notary and by means of a public deed.

The repudiation of an inheritance has significant effects on the patrimony of the heirs or legatees. By accepting an inheritance, the heir assumes all the assets, rights and obligations of the deceased and must also liquidate the inheritance tax. This implies that the heir is responsible for all debts and charges of the inheritance, not only with the inherited assets, but also with his own assets. On the other hand, when repudiating an inheritance, the assets, rights and obligations are not integrated into the patrimony of the heir or legatee, and the creditors of the inheritance cannot pursue those assets to satisfy their claims.

Cases in which it is possible to repudiate an inheritance

The repudiation of inheritance is open to all persons designated as heirs or legatees, as long as they are legitimated to do so. Those of legal age with full capacity to dispose of their assets may repudiate an inheritance without restrictions. In the case of minors, the guardians must obtain judicial authorization to repudiate the inheritance. Legal entities, such as associations or foundations, can also disown an estate, but require court approval.

In certain cases, a person may consider repudiating an inheritance to prevent the inherited assets from being used to pay off their previous debts. However, the law establishes that if an heir repudiates the inheritance, harming his creditors, they can request judicial authorization to accept the inheritance in his name, thus ensuring payment of his credits.

Repudiating an inheritance does not require that all heirs or legatees relinquish jointly. Each can independently decide whether to accept or renounce the inheritance.

There is no specific term to renounce an inheritance, but it is important to note that the renouncement cannot be made before the death of the deceased. In addition, it is advisable to resign before the voluntary term for the liquidation of the Inheritance tax and donations.

Reasons to repudiate an inheritance

The main reasons for repudiating an inheritance include the existence of more debts than assets in the estate, the inability to pay inheritance tax, and the personal debts of the heir.

In addition, repudiating an inheritance has tax implications. In general, if the inheritance is renounced free of charge, there is no taxation. However, if the waiver is made in favor of a specific person, taxes will apply. In addition, if the resignation is made after the Inheritance Tax has expired, it will be considered a taxable gift.

Costs when granting a deed of repudiation of inheritance

The cost of granting a deed of repudiation of inheritance may vary depending on various factors, such as the length of the document and the number of authorized copies, the notary's travel and the corresponding supplies. In general, a total cost of around 115 euros can be estimated, including VAT.

To grant a deed of repudiation of inheritance, it is necessary to contact a notary and make an appointment. At the appointment, the required documentation must be brought, which includes the identity document, the death certificate, the certificate of last will and the succession title of the deceased.

Finally, note that any questions that may arise, it is advisable to contact inheritance and succession lawyers, so that they can advise and accompany us throughout the succession process.