How Does One Heir’s Renunciation Affect the Others’ Shares?

Renunciation of Inheritance and Estate Debts

Prepared by: Constantinople

One heir renouncing an inheritance does not mean everyone else has renounced. If an intestate heir renounces, their share passes to those entitled as if that heir had not been alive when succession opened. Who benefits must therefore be determined from family ties and the order of succession. There is no single rule that the share always passes directly to children or equally to all other heirs.

Different rules apply to an appointed heir’s renunciation: unless a different intention appears from the deceased’s disposition, the share passes to the nearest intestate heirs. There is also a special provision passing the descendants’ shares to the surviving spouse where all descendants renounce. This makes it important to distinguish one person’s renunciation from renunciation by all the nearest intestate heirs. We do not assume every family declaration of renunciation occurred on the same date or had the same effect.

If renunciation causes the inheritance to pass to a person who was not previously an heir, the start of their renunciation period is connected to learning of the earlier heirs’ renunciation. Applying the same calendar from the initial date of death to everyone is therefore incorrect. If a new beneficiary is a minor, representation and potential conflicts of interest must also be assessed. A parent’s renunciation in their own name must not be assumed to resolve the child’s position automatically.