12 Feb Disclaimer of Inheritance by a Minor: Legal Actions and Rights
The disclaimer of inheritance is a significant legal act, especially when it involves minor heirs. This process requires special care and specific legal actions to protect the interests of the minor. Therefore, the disclaimer of inheritance is a critical decision, especially for minor heirs, for whom specific legal actions and specialized handling are required. When a minor inherits, their parents, as custodians, are responsible for acting on their behalf, especially if the inheritance involves financial burdens, such as debts.
Legal Framework and Prerequisites
According to Article 1526 of the Civil Code, parents, as custodians, can disclaim an inheritance on behalf of a minor only after obtaining court permission. This ensures that the disclaimer is in the minor’s best interest and prevents actions that could harm them.
Parental Actions for the Disclaimer of a Minor’s Inheritance
The disclaimer of a minor’s inheritance requires judicial permission, as the court must assess that the disclaimer serves the minor’s best interest. The process includes the following steps:
- Filing an Application with the Competent Court: The parents or custodians submit an application through their attorney to the competent court for permission to disclaim the inheritance.
- Justifying the Decision: The application must clearly justify the disclaimer as an act that protects the minor’s interests (e.g., avoiding debts or other financial burdens of the inheritance).
- Issuance of a Judicial Decision: The court examines the application and, if it deems the disclaimer justified and serves the minor’s interests, issues a decision allowing the parents to proceed with the disclaimer on behalf of the minor.
- Submission of the Disclaimer Statement: After judicial permission, the parents submit a disclaimer statement to the competent court (of the decedent’s residence) within the prescribed deadline. This statement must be accompanied by the judicial decision granting the permission.
The Minor’s Right to Disclaim After Reaching Majority
It is worth noting that if the disclaimer is not completed as above by the parents, the minor, upon reaching majority, retains the right to decide for themselves whether to disclaim or accept the inheritance. According to Article 1912 of the Civil Code, from the age of majority, the former minor has a new deadline of one year to make a disclaimer, regardless of the lapse of the initial deadline during their minority.
Deadlines for Disclaimer
The deadline for disclaiming an inheritance is four months from when the heir learned of the induction and the reason for it. In the case of induction by will, the deadline does not start before the publication of the will. For minors, this deadline begins from the moment their legal representatives are informed about the induction of the inheritance. If the decedent had their last residence abroad or the heir learned of the induction while residing abroad, the deadline is extended to twelve months. If the parents do not disclaim the inheritance within the deadline, the minor, after reaching majority, has the right to disclaim the inheritance within one year of reaching adulthood, according to Article 1912 of the Civil Code.
Consequences of the Disclaimer
The disclaimer of inheritance results in the minor being considered never to have been an heir. The next in line heirs step in, according to the provisions of the Civil Code. It is important to note that the disclaimer cannot be made under conditions or stipulations and is irrevocable.
Conclusions
The disclaimer of inheritance by a minor is a process that requires special attention and strict adherence to legal provisions. The judicial permission ensures that the disclaimer serves the minor’s interests, protecting them from potential financial burdens. Additionally, the right of the minor to disclaim the inheritance after reaching adulthood provides them with the opportunity to make a conscious decision, considering the then-existing conditions.
It is prudent for parents or legal representatives to consult a specialized attorney before taking any action to ensure that the process is completed correctly and in the minor’s best interest.
At Karpouzis – Lianou & Associates, we provide specialized legal services for matters of disclaimer of inheritance by minors. With a focus on protecting your interests, we handle the entire process, from filing the application in court to completing the disclaimer. With many years of experience in inheritance law, we stand by you at every step, ensuring the best possible outcome for your case. Contact us for personalized advice and information about your rights.
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