MAY AN INHERITANCE BE REPUDIATED?

After learning if an inheritance can be repudiated, read also: MAY THE STATE INHERIT FROM ITS CITIZENS?

• A repudiation of the inheritance is an act which is purely voluntary and free

• Repudiation is proper only when a person is certain of the death of a person from whom he is to inherit

• The repudiation shall be made in a public or authentic instrument, or by petition presented to the court

May you refuse or decline to receive an inheritance?

There are reasons why an heir refuses to receive an inheritance especially if the person from whom he is to inherit is not related to him by blood. Whatever the reasons are, the most important thing is that the repudiation should be made in accordance with law. So, yes, a person may refuse or decline to receive an inheritance.

How should one repudiate his inheritance?

The law says:

The repudiation of an inheritance shall be made in a public instrument or authentic instrument, or by petition presented to the court.

However, the right to repudiate should not be made at the whim of an heir who is to receive such inheritance. This means that repudiation should not be resorted to by an heir in order to evade his legal obligation to his creditors. Should the heir opted to repudiate the inheritance with the aim to evade his creditors, the latter are allowed under the law to file a petition to the court to authorized them to accept the inheritance in the name of the heir.

Thus, even if the heir repudiates his inheritance to the prejudice of his creditors, the inheritance may be accepted by his creditors instead. Do note that the acceptance of the creditors shall benefit them only to an extent sufficient to cover the amount of their credits.

But, if the heir has died without formally repudiating the inheritance, his right to receive or decline the inheritance shall be transmitted to his heirs.

What if a legal or intestate heir has repudiated his inheritance without a knowledge that a Will has been executed designating him as a testamentary heir?

In this case, the law says, such person may still accept his inheritance as a testamentary heir. This means that he may till accept what has been given to him through a Will. On the other hand, if such person is called to the same inheritance as an heir by way Will or by legal succession, repudiates the inheritance in his capacity as a testamentary heir, he is understood to have repudiated in both capacities.

For recollection, testamentary heir refers to a person who is to receive an inheritance because a Will was executed in his favor. In the reverse, intestate heir refers to a person who is to receive an inheritance by operation of law or legal succession.

When should be repudiation be made?

The law says:

The repudiation of an inheritance can be made only when the heir is certain of the death of a person from whom he is to inherit, and of his right to the inheritance. This is because prior to the death of said person, the heir has no right to the inheritance. 

Also, within thirty (30) days after the court has issued an order for the distribution of the estate in accordance with the Rules of Court, the heirs, shall signify to the same court whether they accept or repudiate the inheritance. If there was no repudiation within that time, all heirs are deemed to have accepted the inheritance.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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