There are two types of inheritance rejection. These:
Refusal of inheritance by judgment
The real rejection of heritage
In the actual rejection of the inheritance, the heir is required to declare a clear will on the rejection of the inheritance. If the inheritance is rejected by the judgment, the inability of the inheritor to pay is clearly defined or officially determined.
REFUSAL OF INHERITANCE BY JUDGMENT
In the event that the estate has been rejected by the heir due to the fact that it is sunk in debt, the rejection comes to the agenda. TMK 605. article 2. in accordance with the paragraph “If the inability of the bequestee to pay on the date of his death is clearly evident or officially determined, the inheritance is considered rejected.”
The inability of the bequeathed person to pay is determined by the date of death. As of this date, all debts of the inheritor constitute the passive of the estate, and all assets constitute the active of the estate. If the passive of the estate is more than the active, this indicates that the estate is incapable of paying and sunk in debt. In case of refusal by judgment, the inheritance is considered to be rejected spontaneously, and it is not necessary to make a declaration of refusal. A lawsuit can always be filed in the Civil Courts of First Instance after the death of the bequestee in order to determine that the estate is sunk in debt and the inability to pay on the date of death of the bequestee.
THE REAL REJECTION OF HERITAGE
It is the rejection of the inheritance by the legal and appointed heirs of the estate, in compliance with the conditions stipulated in the law; by declaring their intention not to accept the inheritance orally or in writing. This declaration must be made to the Magistrate’s Court of the last settlement of the bequestee.
A statement about the rejection of heritage; disruptive innovation is of a generative nature. Heirs who have the power of discrimination and who are adults can make a declaration of refusal of inheritance in accordance with the conditions. TMK m. in order for the inheritance to be rejected in accordance with Article 609, the following conditions must occur:
By oral or written declaration
By legal or appointed heirs
It should be done indifferently and unconditionally.
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