A beneficiary has the right to validly waive an inheritance.
Renunciation of inheritance in advance
An heir can renounce their inheritance while the deceased is still alive. This is known as an advance renunciation. The renunciation is valid if the heir accepts in writing a will made by the deceased during their lifetime. They can also otherwise declare in writing to the deceased that they are renouncing the inheritance. Therefore, declarations must be made in writing and the document must also be signed for the renunciation to be valid. An advance renunciation is thus subject to a specific form. The renunciation document must be addressed to the deceased, but the deceased's acceptance is not a prerequisite for the renunciation to be binding.
A spouse can renounce an inheritance
A spouse can forgo their inheritance rights in advance after their spouse's death. They can also forgo their right to keep the home and its furnishings under undivided management.
Heir and renunciation of inheritance
The heir is always entitled to their statutory share (lakiosa). Even if they renounce the inheritance, they are entitled to compensation from the estate equivalent to their statutory share. However, they are not entitled to their statutory share if they have already received reasonable consideration for their statutory share previously, or if their spouse or descendants have received property equivalent to their statutory share.
If it is unclear whether an heir has received a reasonable amount of consideration for their statutory share, it is advisable to discuss the matter with a lawyer.
Waiver of inheritance after the death of the deceased
A beneficiary has the right to renounce their inheritance even after the deceased has died. This is called a post-renunciation. A post-renunciation is then possible if the beneficiary has not yet taken actions that could be considered as accepting the inheritance.
Taking on and accepting an inheritance means that the heir has, for example, attempted to dispose of the inherited property.
Even if an heir renounces their inheritance, they may still participate in managing the estate’s statutory obligations without it being considered that they have accepted the inheritance through these actions.
There is no specific time limit set by law for renouncing an inheritance. A subsequent renunciation must be made in writing.
To whom does an inheritance pass when it is renounced?
Instead of the renouncer of the inheritance, the renouncer's substitute heirs become the heirs. Substitute heirs are those who would legally inherit from the renouncer.
If a parent renounces an inheritance, their children become their substituted heirs.
A lawyer's recommendation
It is advisable to notify in writing that you are renouncing an inheritance as early as possible after the death of the testator.
Article drafted by the Advocate Tuula Rainto, Amos Law Firm. You can always call him free of charge on 010 299 5090. You can consult our price list Here.
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Article updated 5.3.2024.
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