AKMV Renunciation of inheritance
QUESTION
Hello, I have renounced the inheritance from my mother, but it has now come to light that she had additional assets. Am I entitled to inherit from that? Or is it possible to withdraw the renunciation? Thank you.
ANSWER:
Hello, Thank you for your message.
The renunciation of inheritance applies to the entire estate of your mother. If you have renounced the inheritance and additional assets have now been discovered, you have no legal claim to these assets – see R 37/1974.
It is also important to note that a renunciation cannot be withdrawn.
Renunciation of inheritance has legal consequences ex tunc, which in practice means that, in the inheritance proceedings, you are considered as if you had predeceased your mother.
Should you have any questions, please do not hesitate to contact us at recepcia@akmv.sk or by phone at +421 915 046 749.
JUDr. Veronika Michalíková, MBA QUESTION
Dear Law Firm,
I am reaching out to kindly request information regarding the deadline for renouncing an inheritance.
My second question is: if I renounce the inheritance, does that mean my children are also excluded from inheriting?
ANSWER:
Dear Sir/Madam, Thank you for your message.
According to Section 464 of the Civil Code, “a declaration of renunciation of inheritance may only be made by the heir within one month from the date on which the court informed them of their right to renounce the inheritance and the consequences of doing so. For serious reasons, the court may extend this deadline.”
This is a substantive legal deadline, which means that the renunciation must be received by the competent authority no later than the last day of the period. It is not sufficient for the declaration to merely be submitted to a delivery service or intermediary, as would be the case with procedural deadlines. (Judgment of the Supreme Court of the Czech Republic – Ref. No. 21 Cdo 2149/2009)
As for your second question, it is important to mention the principle of representation. This means that if you renounce the inheritance, your children would enter the inheritance proceedings in your place.
Should you have any further questions, please do not hesitate to contact us via email at recepcia@akmv.sk or by phone at +421 915 046 749.
JUDr. Veronika Michalíková, MBA