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The Court of Cassation recently provided details on the transmission of the renounced inheritance. According to the court judgment, if the estate was opened after January 1, 2007, an heir who renounces his share will pass it on to his descendants. However, for estates opened before 2007, the applicable law is that which governs the distribution of the share of the renouncing heir between his co-heirs .
Estates opened after January 1, 2007: transmission to descendants:-
This clarification came in a case involving an aunt and her nephews and nieces regarding the ownership of real estate. In this particular case, only one of the children, the sister, had accepted the inheritance from her parents, while all the other children, the brothers, had refused it. As a result, the sister believed she was the sole owner of the land of the estate opened in 2004. However, the brothers’ children, nephews and nieces, disputed this claim and argued that their father’s renunciation made them heirs to his share. .
Successions opened before 2007: Distribution between co-heirs:-
The court decision underlines that if the law currently stipulates that the share of an heir who renounces the succession belongs to his own descendants, this was not the case in 2004 when the succession was opened. At the time, the share of the renouncing heir was distributed among his co-heirs. The provisions resulting from the law of June 23, 2006, which introduced the regulations in force, only apply to estates opened after its entry into force on January 1, 2007.
It is essential to take this distinction into account in the transmission of renounced estates according to the date of opening of the estate. The court’s clarification provides clarity and ensures that the correct legal framework is applied to determine the distribution of the relinquishing heir’s share among the beneficiaries .