July 1, 2022

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What are the consequences of giving up the inheritance and what are its effects on the other heirs?

With the opening of the declaration of succession, the rights and powers are also acquired by the legitimate persons called to the inheritance. But having said that, the heirs have the power and the right not only to accept the inheritance, but also to exercise relative renunciation.

In this regard, it must be said, first of all, that according to the law, the practice of assignment of inheritance has a retroactive effect. This means that at the moment of the beginning of the succession, the subject to inherit was not called into question. But why should the inheritance be abandoned? Let’s try to answer this right away. Most common when this choice is exercised.

What are the consequences of giving up the inheritance and what are its effects on the other heirs?

The renunciation or acceptance of the inheritance can be the result, among other things, of purely economic expediency. In it, for example, the heir can exercise the assignment of inheritance based on the fact that, compared to assets and credits, in fact, the exposure to debts of the inheritance axis is higher.

Having clarified what the consequences are for those who give up the inheritance, let us now consider other and important aspects when the succession is opened. Starting with the costs, since in most cases the assignment of the inheritance is not free. There is, in fact, Taxes to be paid.

Specifically, stamp duty and registration tax, proceeding to relinquish the inheritance in Registry Or by resorting to a notary. However, in the latter case, the cost will rise relentlessly, since the fee will have to be paid to the professional. This is in accordance with Article 519 of the Civil Code.

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What happens if one or more subjects give up?

In the event of the relinquishment of the inheritance, by one or more persons, it is triggered takeover. Acquisition which is subject, in accordance with the law, as established and ordered by civil law, in accordance with Article 467, with the so-called principle of representation. This means that in the case of assignment of the inheritance, by a subject when the inheritance is opened, it is the children or grandchildren who take charge.

It should also be noted that the times of waiving the inheritance, as required by jurisprudence and jurisprudence, are determined by the same method of acceptance. That is, the inheritance must be accepted or relinquished within a maximum period of ten years. Beginning with the opening of the caliphate.

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Even without relinquishing the inheritance, the widow and heirs do not necessarily have to repay the deceased’s debts or even loan or loan installments

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