THE LEGAL IMPLICATIONS OF RENOUNCING INHERITANCE

Published in 06 de Janeiro de 2025

The Brazilian TV host Eliana surprised many by choosing to renounce the inheritance left by her father, meaning her share will be redistributed among the other heirs.

 

Renouncing an inheritance is not a simple act. For it to be valid, it must follow specific procedures and formalities established by the Brazilian Civil Code.                                                                                                                                                                                                                                                

Some key points to consider include:

 

  • Express Declaration: The renunciation must be explicit and formal, meaning the heir wishing to renounce their inheritance must do so clearly and in writing, either through a public deed or a formal statement in the court records.
  • Deadlines: The renunciation must occur before the heir takes any action in the probate proceedings. For example, merely filing a power of attorney constitutes implied acceptance of the inheritance, making subsequent renunciation impossible.
  • Irrevocability: The decision to renounce an inheritance is final. Once an heir formalizes their decision to renounce, they cannot later reverse it and claim their share                                                                                                                                                                                                                      

Legal Effects and Implications of Renouncing Inheritance:

  • Total Exclusion: The renouncing heir is completely excluded from the succession process and has no right to any part of the deceased's assets, whether property or benefits.
  • Redistribution: The renounced portion is redistributed among the remaining heirs in accordance with succession laws. This may alter the proportion of the inheritance received by other heirs.
  • Exemption from Liability: By renouncing the inheritance, the heir is released from any responsibilities and liabilities associated with the deceased's estate, including debts and obligations..
  • Tax Benefits: In some cases, renouncing an inheritance may result in tax advantages, as the renouncing heir will not be liable for inheritance taxes.

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