If you are considering renouncing an inheritance, you should exercise caution before taking certain actions regarding the estate’s assets or rights. Indeed, certain actions may result in a tacit acceptance of the inheritance, even if you intended to renounce it.
The Civil Code of Québec provides that acceptance may be express or implied. Implied acceptance may result, in particular, from an act that necessarily implies the intention to accept the estate.
Therefore, before you have validly renounced the estate, it is particularly prudent to avoid:
selling, giving away, transferring, or otherwise disposing of any property belonging to the estate;
taking possession of or using an asset of the estate as one’s own;
taking possession of an asset of the estate under circumstances that may demonstrate an intention to appropriate it;
assigning or selling one’s inheritance rights to a co-heir or another person;
renounce one’s rights in favor of one or more specific co-heirs, since such an act may, depending on the circumstances, be considered an acceptance followed by a transfer of rights;
exercising certain rights that belonged to the decedent and that can only be exercised in the capacity of an heir.
Acts of appropriation or disposition are particularly significant. The sale, gift, or transfer of a specific asset from the estate may indicate tacit acceptance.
Similarly, the assignment of inheritance rights may result in the acceptance of the estate, whether made gratuitously or for consideration and whether granted to a co-heir or to another person.
However, certain actions necessary for the preservation of the estate’s assets do not, in and of themselves, constitute acceptance of the estate. These may include, in particular, acts of preservation, supervision, or provisional administration carried out to temporarily protect the estate’s assets.
For example, depending on the circumstances, renewing an insurance policy, taking certain measures to preserve the assets, or selling assets that are likely to deteriorate may constitute protective measures rather than acceptance of the estate.
The law also provides for certain exceptions, particularly regarding the decedent’s clothing, personal documents, decorations, diplomas, and family mementos. The distribution of these items does not, in and of itself, constitute acceptance of the estate, subject to the conditions set forth by law.
In practice, if you intend to renounce an estate, avoid disposing of the estate’s assets, appropriating them, or exercising rights reserved for heirs before you have completed your renunciation. If you are unsure about a course of action, it is best to verify the legal consequences beforehand.