Is there a time limit to renounce a succession? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Insolvent succession and renounciation > Is there a time limit to renounce a succession?

Is there a time limit to renounce a succession?

The Civil Code of Quebec provides that a successible has a period of six months to make a waiver, from the opening of his right.

Example 1 : Mr. X dies and Mrs. Y, being his heir, will have a period of six months to renounce the inheritance from the date of Mr. X's death.

Example 2 : Mr. X's sole heir is his daughter, Mrs. Y, who herself has a child, young Z. If Mr. X dies and Mrs. Y renounces the inheritance, Z's rights will only begin at that point. Consequently, the six-month period for Z will only start from the date of his mother's renunciation, and not from the date of his grandfather's death.

This 6-month period is extended by an additional 60 days from the date of the closing of the inventory. It may also be extended in certain situations provided for by the Civil Code of Québec or if the heir makes a request to the Court.

An heir who does not renounce the inheritance once the time limits have expired is presumed to have accepted it, subject to the remedies provided by law.

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