If I renounce an inheritance, who does my share go to?

Question

José Manuel Alburquerque · Accepted Answer

To whoever the will provides for in that event, often the children of the person who renounces. If the will says nothing, usually to the other heirs. Without a will, it passes to the others who inherit alongside them, such as their siblings. It does not pass to their children unless everyone renounces. The renunciation is made before a notary, prior to any acceptance. There is no going back. It costs little and the person who renounces pays no tax on the inheritance. Who the share goes to If the will names a substitute in case the heir does not want to or cannot inherit, the share goes to the substitute. If the will only provides for the heir dying first, it is understood to cover renunciation as well. If there is no substitute, the share is added to those of the other heirs. If there are no others, it passes as if there were no will. Without a will, the share of the person who renounces goes to the others called to inherit in the same degree, for example to their siblings. Their children do not take their place. If all the children renounce, the grandchildren inherit. But if the deceased leaves a surviving spouse or partner who is the father or mother of all the children who renounce, the estate passes to the surviving spouse or partner and not to the grandchildren. This applies if the estate is governed by Catalan law. Under the Spanish Civil Code (“Código Civil”), if all the children renounce, the grandchildren inherit even if the surviving spouse is still alive. How to renounce Before a notary, in a public deed. A private document is not valid. Before accepting. If the inheritance has already been accepted, even just by acting as heir, for example by selling an asset of the estate, it can no longer be renounced. It is not possible to renounce only part of it or to attach conditions. Anyone who has hidden or kept assets of the estate loses the option of renouncing. To renounce on behalf of a minor child, the parents need a judge's authorisation. It is not needed if the child is sixteen and consents before a notary. Nor is it needed if the child's two closest relatives consent before a notary. Points to bear in mind A child who has been appointed heir by their father or mother and renounces the inheritance also renounces their forced share (“legítima”). Renouncing does not prevent you from receiving the proceeds of a life insurance policy under which you are named as beneficiary. The insurance, however, is subject to the “impuesto de sucesiones”, the Spanish inheritance tax. If the person who renounces cannot pay their debts, their creditors can recover from the renounced share if they claim within a year of the renunciation. Renouncing in favour of a specific person is not a renunciation. It is treated as accepting the inheritance and giving it away. That is why two taxes are payable. The deed of renunciation usually costs less than a hundred euros, plus VAT. Those who receive the renounced share pay inheritance tax as heirs of the deceased. If the person who renounces had a higher multiplier, because they were a more distant relative, theirs is applied.