Renunciation to a succession

What is a Renunciation to a succession?

Renunciation to a succession is an act by which the successor (who, under the Civil Code of Québec, is entitled to an inheritance) refuses the title of heir (successor who has accepted the inheritance to which he is entitled) and he neither inherits assets nor liabilities of the deceased’s estate.

When we should renounce to a succession?

Generally, it is advisable to renounce to succession if all the deceased’s debts exceed the value of inheritance of property.

How to renounce to a succession?

If a successor decides to renounces to a succession, it has to be made by notarial act and cannot be done under private writing, i.e. not a notarial document.

Why renounce to a succession by notarial act?

Please note that if any notarial document does not state that a successor has refused the succession, it is deemed to have accepted. It is important to consider that some regular actions made or omitted (failed) following the death of the deceased, could mean the acceptance to a succession, even if a successor has not given its formal approval. In addition, the regulations regarding a renunciation to a succession may in some cases have to follow the rules of the Civil Code of Quebec.