Renunciation of inheritance is the written declaration before the competent Magistrate’s Court that the heir does not wish to accept the inheritance. If the heir is a minor, a court ruling from the Magistrate’s Court of the minor’s place of residence is required, authorising the renunciation of the inheritance by the minor on the ground that it serves the minor’s best interests.
Acceptance of inheritance is the informal declaration of the provisional heir’s wish to also become the definitive heir, thereby waiving the right to renounce the inheritance.
Express acceptance of inheritance typically occurs when it is made for the purpose of registration with the competent land registry, so as to acquire ownership over real property of the inheritance. In such a case, a notarial document (deed of acceptance) is drawn up.
Tacit acceptance of inheritance occurs where the provisional heir’s intention to become the definitive heir is inferred from his acts or omissions. Such acts that externalise this intention are, for example, an application for the issuance of a certificate of inheritance naming the applicant as heir, the filing of a declaratory action for an item of the inheritance held by a third party, the submission of an inheritance tax return, the use of an item of the inheritance as if it were his own, and others.
Beyond the two cases above, however, the law also infers acceptance of the inheritance from the lapse of the renunciation deadline without action — this is what is known as fictitious acceptance of inheritance. More specifically, if the provisional heir does not renounce the inheritance in good time, that is, within four months from when he learned that he became an heir and the reason why he became an heir, he is presumed to have accepted it. Even if the deadline for renunciation of the inheritance has lapsed without action by the heir through negligence, he acquires the status of definitive heir against his will, and this situation is irrevocable. As a consequence, he becomes liable also with his personal assets for the debts of the inheritance and no longer has any possibility of limiting his liability to the assets of the estate (the total value of the inheritance).
Renunciation of inheritance by a minor
The renunciation of inheritance by a minor is an issue that concerns many parents when their child is called as an heir to an inheritance burdened with debts. Unfortunately, an inheritance burdened with debts is becoming the rule due to the economic crisis in our country, with debts to the State and to banks at critical levels.
Thus, in many cases, a minor child may inherit, for example, significant immovable property, but the debts may be many times the value of the inherited property. In such a case, renunciation of inheritance is the appropriate solution.
For a minor child to renounce, court proceedings are required, in which the child is represented by his parents. The court will decide whether the renunciation is in the minor’s best interests and, if the answer is positive, it grants special leave (court ruling) by which the parents renounce the disadvantageous inheritance on behalf of their child. The cost of renunciation of inheritance varies according to the case and its complexity.
What is the deadline for renunciation of inheritance:
According to Article 1847 of the Civil Code (AK), the renunciation of inheritance must, on pain of nullity, be made within an exclusive deadline of four (4) months from the moment the heir became aware of the death and that part of the inheritance is left to him.
Consequently, it must be emphasised that the four-month deadline does not start from the date of death, but from the moment the heir became aware of the death.
Out-of-time renunciation of inheritance – Procedure
Article 1857 of the Civil Code (AK) provides for the possibility of out-of-time renunciation of inheritance through the filing of a lawsuit for annulment of the fictitious acceptance of the inheritance, which occurred after the four-month deadline for renunciation lapsed without action. The law sets out the cases in which annulment of fictitious acceptance is possible, namely cases of mistake, fraud or threat.
Material mistake, as held by Greek case law, is one that refers to a point so significant for the acceptance of the inheritance that, had the heir known the true state of affairs in this respect, he would not have allowed the renunciation deadline to lapse without action. Material mistake may also be due to ignorance or erroneous knowledge of the legal provisions concerning acceptance and renunciation of the inheritance.
An heir who has missed the renunciation deadline may invoke the fact that he was not aware of the law (mistake) and, on that basis, succeed in renouncing out of time by court ruling.
- See also article Challenge of a Will
- See also article Death of a Bank Depositor
- See also article Certificate of Inheritance
- See also article Tenant Eviction
- See also article Change of Name
- See also article Payment Order
- See also article Divorce
FREQUENTLY ASKED QUESTIONS ON RENUNCIATION OF INHERITANCE BY A MINOR
1. What is at risk for my minor child if I do not renounce in good time?
If the parent does not renounce the inheritance on behalf of the minor within the statutory deadline, fictitious acceptance of the inheritance occurs. This means that the child becomes the definitive heir and is burdened with the deceased’s debts to the State, banks and third parties. However, for the minor, the law provides a more favourable arrangement: liability is, as a rule, limited to the assets of the inheritance (benefit of inventory, Article 1527 of the Civil Code (AK)). Even so, involvement in court claims by creditors may burden the child for years, and timely renunciation therefore remains the safest solution.
2. What is the renunciation deadline for the minor heir?
The renunciation deadline is four (4) months (Article 1847 of the Civil Code (AK)) and runs from the moment the heir became aware that the inheritance devolved upon him, not from the date of death. For the minor, the deadline is suspended until the issuance of the court leave from the Court of First Instance, provided the relevant application is filed in good time. Often, the timely renunciation by the parents takes place first and is followed by the renunciation on behalf of the minor, who becomes heir by succession. Compliance with the deadline is critical, as out-of-time action leads to litigation for annulment of the fictitious acceptance with an uncertain outcome.
3. How is renunciation of inheritance for a minor carried out in practice?
Proceedings are required before the Single-Member Court of First Instance of the minor’s place of residence, by way of an application under non-contentious jurisdiction by the parents who exercise parental care. The application seeks the granting of special leave for renunciation, invoking and proving that the renunciation is in the child’s best interests (usually because debts exceed the value of the assets). After the court ruling is issued, the parents proceed to make the renunciation declaration before the clerk of the competent Court of First Instance of the place of devolution. All stages require representation by a lawyer.
4. How long does the whole procedure take and what documents are required?
The procedure usually lasts from two to six months, depending on the workload of the Court of First Instance and the hearing date set. The required documents include the death certificate, certificate of next of kin, certificates of non-publication of a will and of non-renunciation, family status certificate, birth certificate of the minor, as well as evidence of the inheritance debts (debt confirmations from the Independent Authority for Public Revenue (AADE), banks, EFKA). The more thoroughly documented the disadvantageous nature of the inheritance, the faster and more securely the leave is granted.
5. What are the chances that the renunciation will be approved by the court?
When it is clearly proved that the liabilities of the inheritance (debts) exceed the assets (real property, deposits, other assets), the courts as a rule grant the leave to renounce, recognising that this serves the minor’s best interests. The assessment is made on a case-by-case basis, also taking into account any sentimental value or prospects for future use of real property. In borderline cases, where assets and liabilities are equivalent, finding alternative solutions (e.g. acceptance with the benefit of inventory) may be preferable and is documented by the lawyer in the application.
6. What is the lawyer’s role in the renunciation of inheritance by a minor?
The lawyer undertakes from the outset the review of the assets and liabilities of the inheritance, to determine whether renunciation is genuinely advantageous. He drafts the application for leave before the Single-Member Court of First Instance, gathers the supporting documents, monitors the four-month deadline and represents the parents at the hearing. After the ruling is issued, he ensures that the renunciation declaration is filed with the competent Court of First Instance within the statutory deadline. In cases where the deadline has already lapsed, he examines the possibility of filing a lawsuit for annulment of the fictitious acceptance on the ground of mistake (Article 1857 of the Civil Code (AK)).