Who must renounce succession for it to be unclaimed? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Insolvent succession and renounciation > Who must renounce a succession so that it is considered as unclaimed by the Minister of Revenue?

Who must renounce a succession so that it is considered as unclaimed by the Minister of Revenue?

If there is no Will

The first legal heirs called to the succession are the children and the married spouse. For lack of children, they are the married spouse, then the father and mother. If the father and mother are deceased, they are the brothers and sisters. If the deceased was a bachelor, divorcee or widower, they are the children; for lack of children, they are the father and mother as well as the brothers and sisters.

If there is a Will

It is the persons designated in the Will who must renounce. After the renunciation of the persons provided in the Will, the legal heirs must also renounce if they are not the same persons as those designated in the Will.

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