Inheritances are often a central issue in many families. It can be a positive thing, or in some cases, a more negative aspect.

In this sense, it is possible to refuse an inheritance. In what situations does this happen, or what are the reasons that can lead to this refusal? Find out everything in this article. 

What is the Repudiation of Inheritance?

A repudiation of inheritance is the act of refusing to receive an inheritance. Repudiation of inheritance is the act by which an heir voluntarily and expressly renounces the right to accept the inheritance to which they are entitled after the death of a person. 

This act implies that the heir relinquishes any asset, value, or right that would be transmitted to them through inheritance, completely withdrawing from the succession process.

In these cases, the person makes a unilateral decision where they do not want to become an heir or legatee. 

What is the renunciation of inheritance?

The renunciation of inheritance is the legal act by which an heir expressly and irrevocably waives the right to accept the inheritance that would be due to them after the death of a person. 

This act means that the heir voluntarily decides not to participate in the inheritance process, thus forgoing any benefit or obligation associated with the inheritance.

What is the difference between repudiation and renunciation of inheritance?

Although the terms renunciation and repudiation are used synonymously in some contexts, renunciation is the more technical term and is widely accepted in the Portuguese legal system.

In other words, repudiation consists of the act of rejecting an inheritance beforehand in situations of marriage, while renunciation occurs in situations where there is not only a marriage but other connections between the heirs.

Repudiation can only be done when the person dies, whereas renunciation happens while the owner of the inheritance is still alive. 

The practical effect is similar: the heir renounces the inheritance. However, there may be distinctions in how the act is performed or referred to in other legal systems.

What are the common reasons for renouncing an inheritance?

There are specific situations where renouncing an inheritance is an option, such as:

• When two people who get married already have children;
• Avoid family conflicts;
• They have no interest in receiving the other person's assets. 

How do I renounce an inheritance?

The renunciation of an inheritance must be done in writing, and if there are assets such as real estate, the renunciation must be done by public deed, or by an authenticated private document.

Then, the spouse must consent to the repudiation, except in cases of marriage with separation of property. 

There should also be a written document with descendants, since they may wish to benefit from the inheritance. 

How do I renounce an inheritance?

Two requirements must be met to renounce an inheritance:

• The resignation must be reciprocal;
• A contract must be signed in prenuptial agreement.

The renunciation can be made if descendants survive, since they may want the inheritance and have a legal right to it. 

What are the effects of renouncing an inheritance?

The repudiation of inheritance begins after the death of the other person. This process is irrevocable, but it has retroactive effects, meaning that the repudiating party is assumed to have never been an heir since the other person's death. 

How to annul the renunciation of inheritance?

The repudiation of an inheritance can only be annulled if the heir proves that they were induced or coerced into doing so. 

What are the costs and obligations when renouncing an inheritance?

There are obligations associated with renouncing an inheritance:

• The inheritance will pass to the descendants;
• The resignation is irrevocable;
• One spouse may renounce the right to marriage while the other cannot.

Regarding costs, the total amount is 25 euros, as this is the cost of the document to be requested from the Institute of Registries and Notaries. 

What is the deadline for formalizing the renunciation of an inheritance?

The period within which one can exercise the right to renounce their candidacy is 10 years. After this period, if the candidate does not wish to exercise the right to renounce their candidacy, it becomes ineffective. 

Does renouncing an inheritance affect my descendants?

Yes. In case the descendants If certain factors are not taken into account when renouncing an inheritance, they may not be able to enjoy it.

Therefore, it is important to have a written document stating that there are descendants, in order to secure an inheritance for them. 

Can a renunciation of inheritance be revoked?

Inheritance is irrevocable, meaning that once it has been made, the heir cannot go back on their word. 

Who pays the legal costs of the resignation?

The costs of renunciation are paid by the person involved in the case. That is, the person who will be a descendant and who refuses to receive the inheritance is responsible for paying the legal costs. 

Is it possible to renounce an inheritance in favor of another heir?

No. An inheritance cannot be renounced or transferred until the owner of the assets dies. 

What to do if the inheritance includes both assets and debts?

If there are doubts surrounding the inheritance in question, the descendants are not obligated to accept it. If they accept the inheritance, it comes with its assets and... Debts. 

Is a lawyer necessary to renounce an inheritance?

Renouncing an inheritance is an act that requires a lawyer, as a legal professional is best suited to assist in the process and advise the individual accordingly. 

For more information, contact Lawyers in Braga. At Advogados em Braga you have at your disposal the best professionals, ready to assist you in the process of divisions and inheritances. 

Can I partially renounce an inheritance?

No. The renunciation of an inheritance must be total, so partial renunciation is not an option to consider. 

Does renouncing an inheritance have any tax implications?

No. Renouncing an inheritance does not have significant tax implications for the person who renounced that inheritance. 

Conclusion 

There are differences between renouncing and repudiating an inheritance. In the case of renunciation, this occurs while the heirs are alive, whereas in the latter situation, it only happens after the heirs have died.

The renunciation is irrevocable, meaning that once made, the decision cannot be changed. Regarding descendants, they may receive an inheritance if this is written in a document.