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Can we renounce a succession?

A person who has rights in a succession has the right to renounce it.

Contrary to acceptance of the succession, which can be a tacit acceptance due to the acts of the heir, the renunciation must be an express renunciation; it takes the form of an act signed before a notary or of a judicial declaration, and must be the subject of a publication in order to be opposable against third parties. There is also an absolute presumption of renunciation if the successor did not come out or has refused to recognize his rights to the succession during a period of ten years as from the day his right opened.

The renunciation is total: we cannot renounce a succession in part only, by agreeing, for example, to receive the assets while refusing to assume the debts.

We cannot either decide to renounce a succession after having at first accepted it. Hence, the importance to proceed to an inventory before exercising his option.

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