What happens when you give up the inheritance? The concept of inheritance and lying REPOR with creditors.

The heir does not want to accept the bequest shall declare the renunciation of the inheritance.
The waiver is valid only if:

• Expressed before a notary or
• With appropriate written statement made ​​before the Registrar of the district where the succession is opened and entered in the Register of Succession.

As long as the right to accept the inheritance does not require (ten years) are called who have given up, they can accept it on condition that the legacy has not already been purchased by another of those called.

when the legacy is not accepted by the parties, the Court may appoint a temporary administrator of the goods.
This phenomenon is called “inheritance in stock”.

In the case where the called party renounces the inheritance, the representation can occur: when the successor is his son or brother or sister of the deceased and will not accept the inheritance, took over his descendants.

If there are no ties of relationship required for the performance or if the testator has not provided a replacement of the person, the institute does not work and the proportion of those who do not want or can not accept it increases in proportion to that of the other joint heirs.

This figure is called the growth of law and operates without the need for acceptance.
Instead, the division takes place when more people are called inheritance, is formed between them automatically communion person’s estate are in fact common.

To prevent outsiders to meddle in an estate, the law grants a right of first refusal to co-owners if one of them wishes to sell their share or part of it.

If the co-owners have not received adequate notice to exercise this right, may redeem the share price paid by returning dall’estraneo (retracted inheritance).

Each of the co-owners may request the division, thus making an end the state of communion.
The allocation of assets among the heirs in proportion to their share, may be by their own agreement. In the absence of agreement it is made ​​by the judge.

In the event that the testator provides directly to divide the assets among the heirs, an estate is not formed, but each of them happens immediately assigned to him for good.

To form the mass is sometimes necessary to split the donations go to breakfast. It may be that the deceased has made ​​during his lifetime, giving the descendants or spouse, the law presumes that donations represent an advance on future succession and consequently has that the donated goods are included in the mass to be divided among the heirs.

Towards creditors and legatees the co-owners are required to pay the debts and legacies inherited in proportion to their share of inheritance: it follows that if a co-heir is insolvent, the creditor can not turn to the other heirs to the unpaid portion. The legatees, as previously pointed out, are not required to pay the debts inherited.

Related posts:

1. The purchase of the inheritance
2. Inheritance: Must we accept or reject the estate?
3. How is the transmission of inheritance in insurance?
4. Rights reserved to heirs
5. Inheritance, joint ownership and distribution of the estate
6. The legitimate succession
7. Eligible party
8. The estate “intestate” or without a will
9. The tax obligations after the death of his father
10. succession due to death