TABLE OF CONTENTS
1. What is the right to inherit?
2. How does the law regulate the refusal to accept the inheritance?
1. What is the right to inherit?
According to Article 609 of the Civil Code 2015, it is stipulated as follows:
“Article 609. Rights of inheritance
An individual may make a will to dispose of his or her estate, may leave his or her property to an heir in accordance with law, or may inherit an estate [left to him or her] under a will or in accordance with law.
An heir not being an individual may inherit an estate under a will.”
Based on the above provisions, the law ensures that all individuals are equal in the right to inherit according to the will or according to the law.
2. How does the law regulate the refusal to accept the inheritance?
According to Article 620 of the Civil Code 2015, the provisions on refusal to receive inheritance are as follows:
“Article 620. Disclaimer of inheritance
1. An heir may disclaim an inheritance, unless such disclaimer is for the purpose of avoiding the performance of its property obligations to other persons.
2. A disclaimer of an inheritance must be made in writing, and must be sent to the administrator of the estate, the other heirs and the person authorized to distribute the estate for information.
3. The disclaimer of an inheritance must be expressed prior to the time of distribution of the estate.”
Based on the above provisions, an heir has the right to refuse to receive inheritance, except in cases where the refusal is aimed at evading the performance of property obligations towards others.
Thus, the person receiving the inheritance has the right to receive or refuse to receive because he/she is not required to perform property obligations as an heir.
Simultaneously, pursuant to Article 650 of the Civil Code 2015, it is stipulated that:
“Article 650 Cases of inheritance at law
1. Inheritance at law shall apply in the following cases:
(a) There is no will;
(b) The will is unlawful;
(c) All heirs under the will died prior to or at the same time as the testator dying, or the agencies or organizations which are entitled to inherit under the will no longer exist at the time of commencement of the inheritance;
(d) The persons appointed as heirs under the will do not have the right to inherit or disclaimed the inheritance.
2. Inheritance at law shall also apply to the following parts of an estate:
(a) Parts of an estate in respect of which no disposition has been made in the will;
(b) Parts of an estate related to an ineffective part of the will;
(c) Parts of an estate related to heirs under the will not having the right to inherit, having disclaimed the inheritance, or having died prior to or at the same time as the testator dying; and parts of an estate related to agencies or organizations entitled to inherit under the will but no longer existing at the time of commencement of the inheritance.”
Thus, the portion of the inheritance that is refused to be received by the heir will be considered as the invalid portion of the will and will be divided according to the law to other heirs.