In order for the refusal to be inherited, the inheritor must be dead. Rejection cannot be made before the inheritor dies. Before the death of the legator, the inheritance can be waived only by an inheritance contract.
The refusal of the inheritance can be made by the legal or appointed heir with a verbal or written statement, unconditionally and unconditionally within its time. Let’s list these conditions:
It can make a legal or appointed heir.
It can be done within 3 months from the death of the legator.
It should be unconditional.
He has the power of discernment and the adult heir can do it alone.
It can be made by an oral or written statement.
The declaration of rejection meeting these conditions shall be made to the Court of Peace, where the inheritance was opened. The magistrate determines the verbal or written refusal statement in a minute. The declaration of refusal made in due time is written in the special register of the magistrates’ court of the place where the inheritance was opened, and if the rejecting heir wishes, a document showing the refusal is given to him.
The declaration of refusal of inheritance cannot be made conditionally. Therefore, it is not possible to accept a part of the inheritance and reject the rest. If the heirs want to reject the inheritance, it is only possible by rejecting all the assets and debts together. There is only one exception to the rule of unconditional refusal of inheritance.
you can read our other articles and petition examples by clicking here.