Can one give away or dispose of the deceased's property before renouncing it? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Insolvent estates, renunciation and declaration of heirs > Can one give away or dispose of the deceased's property when one wishes to renounce the inheritance?

Can one give away or dispose of the deceased's property when one wishes to renounce the inheritance?

Caution is advised. A person wishing to renounce an inheritance should generally not give away or discard the deceased's property as if it belonged to them.

The deceased's assets form part of the estate and disposing of them may, depending on the circumstances, constitute an act leading to acceptance of the estate.

However, the law provides for certain exceptions.

Before the appointment of the liquidator, if an asset is likely to deteriorate, the heir may sell it privately. If they cannot find a buyer in time, they may donate it to a charity or distribute it among the heirs without this being construed as acceptance of the inheritance.

The law also allows for the disposal of certain assets that are costly to maintain or likely to depreciate rapidly. The heir then acts as administrator of the other person's property.

These exceptions do not, however, allow for the free giving away or disposal of furniture, personal belongings or other assets of the estate.

A person who is considering renouncing should therefore keep the assets of the estate and avoid disposing of them, except when an action is necessary or expressly permitted by law.

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