Can I renounce an inheritance? Here is a brief guide on how to do it and its consequences:

Under Catalan civil law, regulated by Book IV of the Civil Code of Catalunya (CCC), accepting an inheritance is not mandatory. The heir-to-be can choose to accept inheritance outright, accept it with the benefit of inventory, or renounce it.

Legal Basis

Chapter I of Title VI of the Civil Code of Catalonia addresses the acceptance and renunciation of inheritance. Article 461-12 CCC explicitly allows renunciation of an inheritance. This renunciation must be made expressly and via a public deed before a notary. Tacit renunciation or partial acceptance is not permitted. However, under Article 426-16.6 CCC, an heir who benefits from a legacy may accept the inheritance but renounce the legacy, and vice versa.

According to Article 461-12 CCC, there is no fixed deadline to renounce an inheritance, but it cannot be renounced before the death of the deceased. Interested parties in the succession, including creditors, may request the notary to personally declare, within two months, whether they accept or renounce the inheritance, with the explicit warning that failure to accept will be considered renunciation.

Nature and Effects

Renunciation of an inheritance is irrevocable and retroactive: the renouncing party is considered never to have been an heir. Consequently, the portion of the inheritance renounced passes to subsequent heirs according to the order of succession, unless they also renounce. If all heirs refuse, intestate succession is opened. In that case, an heir who renounced the testamentary inheritance may accept the intestate inheritance but remains subject to any legacies, trusts, conditions, or other obligations imposed by the testator.

It is important to note that once an inheritance is accepted, either expressly or tacitly, it can no longer be renounced, except in exceptional cases such as defects in consent.

Common Reasons for Renunciation

Renunciation may occur for multiple reasons, such as debts exceeding the value of the estate, assets of little interest to the heir or legatee, or personal or moral considerations.

It should be emphasized that renouncing an inheritance to avoid creditors of the heir’s previous debts is considered bad faith. Under Article 461-7 CCC, creditors may claim their credits from the estate or the renounced portion if no other assets are available. Creditors’ rights expire one year after the renunciation.

Taxation

  1. A pure and simple renunciation of the inheritance is not subject to Inheritance and Gift Tax. In this case, renunciation does not transfer the right to inherit from the renouncer; instead, the beneficiary acquires the assets directly from the deceased. Beneficiaries are taxed on the portion received, applying the coefficient corresponding to their preexisting wealth. The relationship considered is that of the renouncer or the one who renounced if it is higher than that of the beneficiary.
  2. Renunciation in favor of a specific person is considered a transfer of rights. The renouncer first acquires ownership and then transfers it to the beneficiary. Here, the renouncer pays Inheritance Tax. For the beneficiary, taxation depends on whether the renunciation is gratuitous (subject to Gift Tax) or onerous (subject to Transfer Tax).
  3. If the inheritance is renounced after the tax statute of limitations (four years and six months after death), it is not considered acceptance by the renouncer. However, for tax purposes, it is treated as a gift, and the beneficiary must pay Gift Tax.

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