Can one keep mementos of the deceased and renounce the inheritance? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Insolvent estates, renunciation and declaration of heirs > Is it possible to keep mementos of the deceased without accepting the inheritance?

Is it possible to keep mementos of the deceased without accepting the inheritance?

Yes, under certain circumstances. The distribution of some of the deceased's personal effects does not, in itself, constitute acceptance of the inheritance.

The law specifically targets:

  • the clothing of the deceased;
  • his personal papers;
  • its decorations;
  • his degrees;
  • family memories.

However, in order for their distribution not to lead, by itself, to acceptance of the inheritance, it must be done with the agreement of all the heirs.

A person who is considering renouncing may therefore receive some of these personal effects or family mementos without this necessarily meaning that they accept the inheritance.

However, this rule does not automatically apply to all the deceased's property. A piece of furniture, a vehicle, a sum of money, an investment, or other property with heritage value does not become a "family heirloom" simply because someone wishes to keep it in memory of the deceased.

It is therefore necessary to distinguish between personal effects and family mementos covered by the law and other assets forming part of the estate.

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