When is a declaration of inheritance required? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Succession settlement process > In what situations is a declaration of inheritance required?

In what situations is a declaration of inheritance required?

In what situations is a declaration of inheritance required?

The declaration of inheritance is required in several situations, including when:

  • No will — the deceased left no will, and it is necessary to officially determine who the legal heirs;
  • Incomplete or unenforceable will — the will does not identify all the heirs, or certain provisions can no longer be carried out;
  • Requirement by a financial institution — a bank requires formal proof of heir status to release accounts or authorize transactions;
  • Request from a public agency or insurer — a government agency or insurance company requires that the succession be established by an official document.

The declaration may also be used to appoint a liquidator, but only when a declaration of inheritance is required. In other situations, the appointment of the liquidator will instead be made by means of a separate deed of appointment of liquidator.

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