Refusal of Inheritance

Yes, the law anticipates such situations. According to Section 465 of the Civil Code, an heir cannot renounce the inheritance if their previous actions clearly indicated that they intended to accept it. While the law does not list specific actions, courts may interpret activities like evaluating the deceased’s assets, acting publicly as an heir, or taking possession of items from the estate as signs of acceptance.

For example, a decision by the Regional Court in Prešov (case no. 7Co/169/2013) confirmed that acting as someone entitled to inherit or taking any part of the deceased’s property can be considered acceptance. If you’ve shown such behavior, the court may reject your attempt to renounce the inheritance.

Renouncing an inheritance is a legal act by which an heir gives up their right to inherit from the deceased (e.g., a parent). According to Section 463(1) of the Civil Code, this can be done in two ways: either by making an oral declaration at the court or by sending a written declaration to the court. This declaration must clearly and explicitly express the heir’s intent to renounce the entire inheritance. The law doesn’t specify the exact content, but under Section 35(2) of the Civil Code, the declaration must reflect the true intent of the person making it.

The legal effects of renunciation are serious — it applies retroactively (“ex tunc”), meaning the heir is treated as if they had predeceased the deceased. You must renounce the inheritance in full; partial renunciation is not allowed. Furthermore, the renunciation is irrevocable — once made, it cannot be taken back. If any new assets of the deceased are discovered later, you would have no legal claim to them if you already renounced the inheritance.

According to Section 464 of the Civil Code, you must renounce the inheritance within one month from the day the court informs you of your right to do so and explains the legal consequences. This is a substantive legal deadline, which means your declaration must actually reach the court by the last day of the period — simply mailing it on time is not enough. If you miss the deadline, you lose the right to renounce and will be considered to have accepted the inheritance, along with any debts or obligations it may include.

The court may extend this deadline, but only for serious reasons, such as health problems or other exceptional circumstances. A decision by the Supreme Court of the Czech Republic (case no. 21 Cdo 2149/2009) emphasized that timely delivery to the court is what matters, not the date of sending.

Yes. If you renounce the inheritance and you have children, they automatically take your place in the inheritance proceedings. This is based on the principle of representation — your children inherit what you would have inherited. If you do not want your children to inherit either (for example, if the estate includes debts), they must each renounce the inheritance themselves. If they are minors, their renunciation must be approved by a court because it is a significant legal act with long-term consequences.