Can one receive benefits after renouncing an inheritance? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Insolvent estates, renunciation and declaration of heirs > Can one receive sums or benefits related to death even if one renounces the inheritance?

Can one receive sums or benefits related to death even if one renounces the inheritance?

Yes, in certain circumstances. Renouncing an inheritance does not necessarily prevent someone from receiving a sum or benefit to which they are entitled under another legal basis.

Certain sums may be paid directly to a person because of their status as a beneficiary, surviving spouse, or because they paid certain expenses related to the death. The right to receive these sums may be separate from the right to inherit the estate.

For example, a person may, depending on the applicable conditions, be entitled to a surviving spouse's pension or certain benefits provided by a public plan even if they renounce the inheritance.

The death benefit under the Québec Pension Plan is also subject to specific rules. In particular, it can be paid to the person who paid the funeral expenses and, in certain circumstances, to other people when the heirs have renounced the inheritance.

However, each sum or benefit must be checked separately. Some may be payable directly to a person, while others may form part of the estate or be paid to the executor.

Renouncing an inheritance does not, by itself, determine whether a person is entitled to a sum paid following a death.

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