The renunciation of inheritance can be defined as the legal or appointed heirs of the deceased avoiding the inheritance rights and obligations arising from all debts and receivables upon the death of the testator.
According to the complex principle of inheritance applied in inheritance law, legal and appointed heirs automatically acquire the status of heir upon the death of the testator. Upon acquiring the status of heir, the heir is liable for the debts not only with the estate but also with their own personal assets.
The inheritance passes to the heirs legally and immediately upon the death of the testator. As a rule, therefore, there is no need for the heirs to draw up a will. Under the principle of universal succession, the estate passes to the heirs as a whole and automatically. The deceased’s receivables and debts also pass to the heirs, who are liable for them not only with the estate but also with their own personal assets. In cases where the deceased is indebted in this manner, there is an institution of “renunciation of inheritance” to prevent the heirs from being held liable.
Legal and appointed heirs have the right to renounce the inheritance. Renunciation of inheritance is only possible after the inheritance has ended. Since the inheritance automatically passes to the heirs after the death of the heir, it can only be renounced after that. There is no right of renunciation until the testator dies. It is only possible to make an inheritance renunciation agreement or transfer inheritance rights before the testator dies. The renunciation of inheritance is explained in Articles 605-618 of the Civil Code.
The division and renunciation of inheritance is an important issue concerning appointed or legal heirs. Appointed or legal heirs can use two methods to file a claim for “renounced inheritance”:
The renunciation of inheritance is divided into two types: “Actual Renunciation of Inheritance” and “Judicial Renunciation of Inheritance.”