Can one sell assets before renouncing an inheritance? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Insolvent estates, renunciation and declaration of heirs > Can the deceased's assets be sold if one wishes to renounce the inheritance?

Can the deceased's assets be sold if one wishes to renounce the inheritance?

Caution is advised. A person wishing to renounce an inheritance should generally not sell the deceased's assets as if they belonged to them.

The sale of an asset from the estate may, depending on the circumstances, constitute an act which implies an intention to accept the estate and thus lead to its acceptance.

However, the law provides for certain exceptions.

Before the appointment of the liquidator, an heir may sell privately an asset liable to deteriorate without this sale alone resulting in acceptance of the inheritance.

He can also dispose of property that, while not liable to perish, is costly to maintain or likely to depreciate rapidly. In this case, he acts as administrator of another's property.

These exceptions are intended to protect the interests of the estate and do not allow the heir to freely sell the deceased's assets for their own benefit.

Therefore, a person who is considering renouncing should avoid selling an estate asset, except when they are in a situation permitted by law and comply with the applicable conditions.

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