Legal Framework for Waiving Inheritance
In Estonia, the process of waiving an inheritance is governed by the Law of Succession Act (Pärimisseadus - PärS). According to § 118 of the PärS, an heir has the right to decline an inheritance if they do not wish to accept the assets and liabilities of the deceased. This is a critical legal mechanism, especially when the estate is burdened with significant debts.
Deadlines and Formalities
The deadline for waiving an inheritance is three months from the date the heir becomes aware of the death of the testator and their right to inherit (PärS § 119 (1)). This is a strict statutory deadline; if it expires without action, the inheritance is deemed accepted by default.
To waive the inheritance, the heir must submit a notarially certified declaration to a notary. The notary will then register this in the Succession Register. Please note that once a waiver is submitted, it is irrevocable and cannot be withdrawn.
Key Considerations
- No Partial Waiver: You cannot waive only a portion of the inheritance or impose conditions. The waiver must apply to the entire estate.
- Inventory of Assets: Before deciding, you may request an inventory of the estate (PärS § 137) to determine the exact extent of the deceased's debts.
- Minors: If the heir is a minor, a court authorization is required to waive the inheritance on their behalf.
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