Renunciation of a succession is an act by which the successor (who, under the Civil Code of Québec, is entitled to an inheritance) refuses the title of heir (successor who has accepted the inheritance to which he is entitled) and he inherits neither assets nor liabilities of the deceased’s estate.
When we should a succession be renounced?
Generally, it is advisable to renounce a succession if the deceased’s debts exceed the value of the inheritance of property.
How to renounce to a succession?
If a successor decides to renounce a succession, it must be done by notarial act and cannot be done by a private writing that is not a notarial document.
Why renounce to a succession by notarial act?
Please note that if no notarial document states that a successor has refused the succession, it is deemed to have accepted. It is important to consider that some regular actions performed or omitted following the death of the deceased could mean the acceptance of a succession, even if the successor has not given formal approval. In addition, the regulations regarding a renunciation of a succession may in some cases have to follow the rules of the Civil Code of Quebec.