30 Jul REFUSAL OF INHERITANCE
In order to be disinherited, the testator must be deceased. Refusal can not be inherited before the testator dies. The inheritance can be waived only by the inheritance agreement before the death of the testator.
The refusal of the inheritance can be made by the legal or appointed heir with an oral or written statement within its term, without registration and without conditions. If we list these conditions,:
The legal or appointed heir may do so.
It can be made within 3 months from the death of the testator.
It should be unregistered and unconditional.
He has the power to distinguish, and the adult heir can do it alone.
It can be done by an oral or written statement.
A statement of refusal providing for these conditions will be made to the Magistrate’s court where the inheritance was filed. The magistrate determines the oral or written statement of refusal with a record. The statement of refusal made within its term is written to the special register of the place of opening of the inheritance by the magistrate’s court, and if the refusing heir asks for it, he is given a document indicating the refusal.(TMK m. 609)
Refusal of the declaration of inheritance may not be made on condition. Therefore, it is out of the question to accept part of the inheritance and reject the rest. If the heirs want to refuse the inheritance, this is possible only if the values of all assets and debts are rejected together. There is only one exception to the rule of unconditional refusal of inheritance: