QUESTION:
Hi Lawyer, I have a question and hope that you can answer:
My mother died in September 2021 and made a will to leave the property to me and my sister. I am living abroad and decided not to accept this part of the property so that my sister can receive the entire inheritance. Therefore, I want to know if I can refuse to receive this part of the property. It is now almost 1 year since my mother died, can I refuse to receive the estate? The portion of the property I do not receive will belong to my sister or my father? The heirs include my father, me and my sister. I am looking forward to receiving an answer from you.
ANSWER:
PL&Partners thank you very much for trusting and sending questions to us. For your case, we would like to send you the following answer:
1. Disclaim the inheritance.
The heirs are not only entitled to the estate but also to disclaim the inheritance. Article 620.1 of the 2015 Civil Code stipulates:
“1. The heir is entitled to disclaim the estate unless the disclaimer is aimed at evading the performance of his/her property obligations towards another person.
- Disclaiming the inheritance shall be made in writing and sent to the administrator of the estate, other heirs and the person authorized to distribute the estate for information.
- Disclaiming the inheritance shall be shown prior to the distribution of estate”.
*** Previously, pursuant to the Civil Code 2005, the time limit for disclaiming the inheritance was 06 months from the date of opening the inheritance (the time of opening the inheritance is the time when the owner of the inheritance is deceased). If the above time limit is exceeded, it is considered that the heir agrees to receive the estate. However, the Civil Code 2015 has more “open” provisions, whereby Article 620.3 stipulates ” Disclaiming the inheritance shall be shown prior to the distribution of estate “.
THUS, You have the right to refuse to receive the inheritance under the will (unless the refusal is in order to evade the performance of your property obligations towards others). When you refuse to receive the estate, you must make a written refusal before the time of distribution of the estate.
2. The portion of estate that the heir disclaim shall be distributed according to the law.
Pursuant to Article 650.2.c of the Civil Code 2015, the part of the estate disclaimed by the heirs under the wills shall be distributed according to intestate succession.
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