Can expenses be claimed after renouncing an inheritance? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Insolvent estates, renunciation and declaration of heirs > Can one claim reimbursement from the estate for expenses one has paid, even if one waives them?

Can one claim reimbursement from the estate for expenses one has paid, even if one waives them?

Yes, under certain circumstances. A person who renounces an inheritance may nevertheless claim reimbursement for certain expenses they personally paid on behalf of or in the interest of the estate.

Renouncing an inheritance and the right to claim reimbursement for expenses are two separate issues. Therefore, depending on the circumstances, a person may renounce their status as an heir while still remaining a creditor of the estate for certain sums they have paid.

This may include necessary expenses incurred to protect or preserve the assets of the estate or to settle certain expenses that should have been borne by the estate.

The person claiming reimbursement should be able to demonstrate the nature of the expense, its amount, its payment, and its connection to the estate. It is therefore important to keep invoices, receipts, and other proof of payment.

However, reimbursement is not automatic. It depends in particular on the nature and justification of the expense, the financial situation of the estate, and the rules applicable to the payment of its debts and charges.

When the estate is insolvent, the fact of having personally paid an expense does not necessarily mean that it can be fully reimbursed or before other creditors.

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