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?

A declaration of inheritance is necessary in several situations, including when:

  • Absence of a will — the deceased person left no will and it is necessary to officially establish who their legal heirs are;
  • Incomplete or inapplicable will — the will does not allow for the identification of all heirs or certain provisions can no longer be executed;
  • Requirement of a financial institution — a bank requires formal proof of heirship to unlock accounts or authorize transactions;
  • Request from a public body or insurer — a government authority or insurance company requires that the inheritance devolution be established by an official document.

The declaration can 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 be made by means of a separate instrument of appointment of liquidator .

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