Acceptance or rejection of inheritance

An heir who inherits must think carefully about whether to accept or refuse.

This decision can only be made upon the settlement of an estate. Once an inheritance has been accepted, it is no longer possible to change one’s mind. There are two ways of accepting an inheritance: accepting it without an inventory being made or as a beneficiary inheritance.

Accepting an inheritance without an inventory being made

Accepting an inheritance without an inventory entails acceptance without any provisos. Therefore both the assets and debts are accepted. This can have far-reaching consequences. The heir can be required by creditors to pay debts if the assets of the inheritance are not big enough. In general this is not the intention. Therefore before accepting the inheritance, it is important to know whether the balance of the inheritance is positive or negative. GMW lawyers can assist you. The decision to accept the inheritance without an inventory being made can be made at the court registry, but can also be deduced from the conduct of the heir. An heir who acts unambiguously and without any provisos as the heir will be seen as having accepted the inheritance without an inventory being made. It is important to be prudent.

Beneficiary acceptance

Beneficiary acceptance is the same but with the privilege of having a description of the estate. With a beneficiary acceptance the heir does not become liable for the debts of the estate. The heir only shares in the positive balance of the inheritance.

Refusal

If an heir does not want to have anything to do with an inheritance, it is possible to refuse the inheritance. The refusal is retrospective up to the moment of the testator’s death. It is important that an heir who wishes to refuse does not carry out any acts of acceptance, only so-called acts of management. Anyone who has carried out an act of acceptance will be seen as having accepted the inheritance without an inventory being made and can then no longer refuse it.

More information

GMW lawyers will be happy to help you with your inheritance. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our inheritance law lawyers will be happy to support and advise you.

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