Withdrawing from Deceased Grandfather’s Account: Can Inheritance Still Be Renounced?

My father withdrew money from my grandfather’s account after his death. Can he still renounce his inheritance?

Firstly, according to Article 519 of the Civil Code, renouncing an inheritance:

Can only occur after the death of the person whose inheritance is at stake.
Must be declared before a notary or the clerk of the court in the district where the succession has been opened.
However, renunciation is no longer possible if the interested party has already accepted the inheritance (acceptance cannot be revoked).

Acceptance of inheritance can be either express or tacit.

Express acceptance involves a formal declaration.
Tacit acceptance occurs through an act that the heir could not perform unless they have accepted the inheritance.
Among the acts that determine tacit acceptance and, therefore, prevent renunciation is the withdrawal of money from the account solely in the name of the deceased, carried out after the account holder’s death.

In the scenario you presented, the withdrawal of money from the account exclusively in the name of the deceased individual, done after their death, results in tacit acceptance of the inheritance.

As a consequence, any subsequent renunciation could be contested by those who may have an interest in it (primarily your father’s creditors). This could lead to unpleasant consequences, as the assets would be considered part of your father’s estate, not the person who would have succeeded him had he renounced the inheritance.

VGS Lawyers is a law firm specialised in Inheritance. For assistance please contact info@vgslawyers.com