Do we have to accept our parents' inheritance in all cases? Will we inherit their debts?
What if the debts in my inheritance in Seville are greater than the assets it comprises?
ACCEPTANCE AND REPUDIATION OF THE INHERITANCE
Both the acceptance, and where applicable, the repudiation of the
inheritance, are total acts and entirely free and voluntary, their effects retroactive to
moment of the death of the person from whom one inherits.
inheritance, are total acts and entirely free and voluntary, their effects retroactive to
moment of the death of the person from whom one inherits.
Both the acceptance and the repudiation of an inheritance, once
completed, are irrevocable; in such a way that they can only be challenged
when suffer from certain defects that invalidate consent, and in the
in case
completed, are irrevocable; in such a way that they can only be challenged
when suffer from certain defects that invalidate consent, and in the
in case
an unknown will appeared.
When accepting or rejecting an inheritance, we must know,
at least, the the following rules regarding its exercise, as well as the effects
that according to the form By exercising them, they will be derived. In this sense:
at least, the the following rules regarding its exercise, as well as the effects
that according to the form By exercising them, they will be derived. In this sense:
-
Acceptance or rejection must refer to the entirety of
the inheritance, No being able to do it in part, on a term or conditionally.
This means that we cannot, For example, accepting only one
part of the inheritance and repudiate or renounce the rest.
part of the inheritance and repudiate or renounce the rest.
The acceptance of the inheritance can be of two types:
-
Acceptance pure and simple of the inheritance.
-
Acceptance of inheritance for the benefit of inventory.
In the first case, that is, the pure and simple acceptance of the
inheritance, may be carried out expressly (which will be when it is carried out in
document) or be carried out tacitly (that
is the one that has place through the realization
inheritance, may be carried out expressly (which will be when it is carried out in
document) or be carried out tacitly (that
is the one that has place through the realization
of acts that involve, in a way
necessary, the willingness to accept or through the performance of acts that do not
could be done if (did not have the status of heir).
necessary, the willingness to accept or through the performance of acts that do not
could be done if (did not have the status of heir).
When the inheritance is accepted "purely and simply" it will
determine that the heir not only will he receive the assets that make up the inheritance,
but also, will receive the debts of the deceased, and will have to respond accordingly.
staff, with their own assets, from said debts.
determine that the heir not only will he receive the assets that make up the inheritance,
but also, will receive the debts of the deceased, and will have to respond accordingly.
staff, with their own assets, from said debts.
In other words, he will be responsible for any debts the inheritance may have, not
only with the assets that make up said inheritance, but also with his own
own, with their own assets.
only with the assets that make up said inheritance, but also with his own
own, with their own assets.
In contrast, when the inheritance is accepted for the benefit of
inventory, the heir will only be responsible for the debts and other charges of the
inheritance up to where the value of the inheritance assets reaches, that is,
in this case, No will be liable for said debts and charges with his personal assets
when those are greater than the value of the assets that the inheritance.
inventory, the heir will only be responsible for the debts and other charges of the
inheritance up to where the value of the inheritance assets reaches, that is,
in this case, No will be liable for said debts and charges with his personal assets
when those are greater than the value of the assets that the inheritance.
Acceptance of the inheritance with the benefit of inventory will require
the formation of a inventory, either before a Notary or before the competent Judge (is
competent, by For example, the Court of First Instance of the place where the deceased
He had his residence usual at the time of death).
the formation of a inventory, either before a Notary or before the competent Judge (is
competent, by For example, the Court of First Instance of the place where the deceased
He had his residence usual at the time of death).
This inventory must be a true and accurate record of all the assets that
They make up the inheritance, as well as debts.
They make up the inheritance, as well as debts.
Regarding the question that will be raised concerning when
opt for a type from practice we learn about acceptance and when to choose the other.
the next advice:
opt for a type from practice we learn about acceptance and when to choose the other.
the next advice:
Only when we have complete certainty (or at least, in a
high percentage) that, even if the deceased had debts, these do not exceed
the value of the assets that make up the inheritance. Only in that case will it be
advisable that we accept inheritance in a "pure and simple" way. This is because
We will have the assurance that we will not We will have to answer for any debts with our own
heritage.
high percentage) that, even if the deceased had debts, these do not exceed
the value of the assets that make up the inheritance. Only in that case will it be
advisable that we accept inheritance in a "pure and simple" way. This is because
We will have the assurance that we will not We will have to answer for any debts with our own
heritage.
Otherwise, that is, when we do not have that certainty,
because we have If there is reasonable doubt about the solvency of the deceased, it will be advisable
that we accept the inheritance with benefit of inventory, because in this way we will be limiting
our responsibility for the deceased's debts up to the limit of the value
of the goods that form the inheritance.
because we have If there is reasonable doubt about the solvency of the deceased, it will be advisable
that we accept the inheritance with benefit of inventory, because in this way we will be limiting
our responsibility for the deceased's debts up to the limit of the value
of the goods that form the inheritance.
Regarding repudiation, we can point out, in addition to the
referred previously:
referred previously:
– The repudiation must be made expressly., That is, not
it fits tacit repudiation.
it fits tacit repudiation.
– It must be done in a public deed before a Notary Public or in writing
presented before the competent Judge (the latter case when there is a dispute
or did not exist will).
presented before the competent Judge (the latter case when there is a dispute
or did not exist will).
– If the person who is going to inherit repudiates the inheritance to the detriment of
of their own creditors (that is, to avoid being forced to hand over said
goods to their creditors in payment of debts), there is a possibility that
these (the creditors)
of the heir) ask the Judge to grant them authorization to
accept it inheritance in the name of the heir. In this case, and having been granted the
authorization by the The judge will only benefit the creditors to the extent necessary to
cover the
accept it inheritance in the name of the heir. In this case, and having been granted the
authorization by the The judge will only benefit the creditors to the extent necessary to
cover the
amount of the credits that the heir has with them.
As for the rest, it will be awarded to the people to whom
as appropriatethe Law (to the rest of the heirs) with the exception, of course, of the heir
that has resigned.
as appropriate
that has resigned.
In other words, the creditors will only be entitled to the
part of inheritance that be sufficient to cover or cancel the debts or credits of
said heir with they.
part of inheritance that be sufficient to cover or cancel the debts or credits of
said heir with they.
d) Finally, in relation to the repudiation or renunciation of the
inheritance, point out that, if there were several heirs, and one of them renounces or
repudiates the inheritance, he The rest will have the right to distribute the
part corresponding to the heir who has
inheritance, point out that, if there were several heirs, and one of them renounces or
repudiates the inheritance, he The rest will have the right to distribute the
part corresponding to the heir who has
resigned, in a way
proportional among the heirs who have accepted the renunciation, in a way
proportional among the heirs who have accepted it.
proportional among the heirs who have accepted the renunciation, in a way
proportional among the heirs who have accepted it.
For any questions or clarifications, you can contact us by phone at 954368804 or by email to ofician@gestduque.com
Signed: gestduque, www.gestduque.com, office@gestduque.com —– 954 36 88 04