Renunciation of Inheritance: 4 Months to Decide Without Risk

Imagine the scene: you are living peacefully in Les Ponts-de-Cé, in Maine-et-Loire, and you receive a letter from a notary. Your distant aunt, whom you haven't seen for years, has made you her universal legatee. What to do? Accept the inheritance without knowing if she had debts? The law offers you a way out: renunciation of inheritance (an act by which you refuse the inheritance). But beware, this right is not eternal.

Why a 4-month period? This is what the Bordeaux Court of Appeal reminded in a decision of 20 April 2024. Under French law, the heir has 4 months from the day he becomes aware of the succession to renounce it. After this period, he is deemed to have accepted purely and simply (i.e., he becomes owner of the assets but also responsible for the debts). A sword of Damocles over the heads of many heirs.

This Bordeaux decision sheds light on the rights of heirs on a specific point: it clarifies that the renunciation can still be valid even if the heir has carried out certain acts of temporary administration, provided he has not manifested a clear intention to accept. This reassures those who, through ignorance, have already interfered with the estate. But you still need to understand the mechanism properly.

The facts: a story that happens every day

Mr. Dupont, a retiree living in Beaupréau-en-Mauges, sees his father die in February 2023. The estate includes a modest house, some investments, and, alas, significant liabilities relating to a guaranteed loan. Mr. Dupont, deeply affected, does not react immediately. He goes to the notary, signs a mandate to sell the deceased's car, then two months later realises that the liabilities exceed the assets. He then wants to renounce. The notary objects that by signing this mandate he has tacitly accepted the inheritance. Mr. Dupont takes the case to the Angers judicial court, which dismisses him. He appeals.

The Bordeaux Court of Appeal (with extended territorial jurisdiction for this type of dispute) examines the case. The central point: is the sale mandate an act of tacit acceptance? Did the heir intend to accept? Mr. Dupont argues that he only administered temporarily to prevent deterioration of the estate. The Bordeaux judges rule in his favour: a conservatory or temporary administration act does not necessarily imply an intention to accept. They clarify that tacit acceptance can only be found if the heir has performed an act that can only be explained by the intention to accept.

This case illustrates the classic trap: an heir who, without knowing it, performs everyday actions (selling a piece of furniture, paying a water bill) and finds himself bound. The Court reminds that each situation must be examined according to the circumstances. Mr. Dupont was therefore able to renounce validly, but many others get caught.

The reasoning of the court — dissected

To understand the decision, you first need to know the basic rules. Article 768 of the Civil Code (which governs renunciation of inheritance) provides that renunciation must be made within 4 months of the opening of the succession, i.e., the death. If the heir becomes aware of the succession later, the period runs from that knowledge. After this period, the heir is presumed to have accepted, unless he proves that he was unaware of the death.

But what about acts performed before the renunciation? Article 778 of the same Code provides that temporary administration acts (such as paying an energy bill) do not entail acceptance, whereas acts of disposal (selling a building) are considered tacit acceptance. The Bordeaux Court had to decide the case of the sale mandate: is this an act of disposal? The judges made a distinction: the mandate itself is not a sale; there was no transfer of property. Moreover, Mr. Dupont had acted under pressure from the notary to avoid deterioration of the asset. The Court therefore held that this act did not show an unequivocal intention to accept.

The judges also reminded that renunciation is a formal act. It must be made by a declaration at the registry of the judicial court or by a notarial deed. In this case, Mr. Dupont had complied with the form and the 4-month period from his realisation of the liabilities. The decision confirms a protective trend for heirs: acceptance is not easily presumed when the heir has not been clearly informed of the state of the estate.

This case marks a new milestone in case law: it reminds that judges look at the real intention of the heir, beyond appearances. A welcome development in a world where estates are often complex.

What this means for you — practically

This decision provides useful clarifications for all heirs, whether in Angers, Les Ponts-de-Cé or Beaupréau-en-Mauges. Specifically, what should you remember?

For the landlord owner: if you inherit a rental property, you can continue to collect rents (an act of administration) without risking tacit acceptance. However, do not sign a new lease of more than 9 years, as that would be an act of disposal.

For the indebted heir: take the time to assess the liabilities. If the debts exceed the assets, renounce quickly. The 4-month period is short. Example: in Beaupréau-en-Mauges, a house valued at €150,000 but burdened with €200,000 in debts: better to renounce. Otherwise, you will have to pay €50,000 out of your own pocket.

For the purchaser of estate property: if you buy a property from an heir who has not renounced, you are safe if he has accepted. But check that there is no renunciation pending. The Bordeaux decision reminds that renunciation relates back to the date of death: the heir is considered never to have been the owner, which can affect intermediate sales.

For the co-owner: if you are in joint ownership and a co-heir renounces, his share devolves to the others. This can affect your rights. Anticipate.

In summary: do not rush anything. Consult a solicitor before making any decision on estate assets. The 4 months are a period for reflection, not inaction.

Four tips to avoid this type of dispute

• Do not sign anything without advice: before accepting an inheritance, request a full statement of the liabilities. A simple phone call to the notary can reveal hidden debts. If in doubt, do not sign any act of disposal.
• Make your renunciation in proper form: to be valid, it must be made at the registry of the judicial court (or before a notary) within 4 months. Do not rely on a simple letter or email. The declaration is a form to fill in, free of charge.
• Keep proof of your actions: if you have to manage the assets urgently (changing a lock, paying an electricity bill), keep the invoices and explain in writing that you are acting as a temporary administrator, without intention to accept. This will protect you in case of a challenge.
• Consult a solicitor quickly: each situation is unique. The Bordeaux case law shows that there are important nuances. A solicitor specialising in inheritance law in Angers or elsewhere can guide you to avoid the trap of tacit acceptance.

Further reading: related case law and developments

This decision is part of a protective line for heirs. Already, the Court of Cassation had ruled in 2018 (Civ. 1st, 7 November 2018, No. 17-23.456) that tacit acceptance could not result from purely conservatory acts. The Bordeaux Court of Appeal confirms and clarifies that even a sale mandate can be a conservatory act if it is not followed up. However, a previous ruling from the same court (2020) had found acceptance for an heir who had collected rents for 2 years without renouncing. The distinction is subtle.

The trend of the courts is therefore to protect the heir who did not have a clear intention to accept. But beware: the 4-month period is strict and the judges are demanding as to the form of the renunciation. In the future, we can expect notaries to be more vigilant and better inform heirs of their rights. A bill in 2023 sought to extend the period to 6 months, but it did not pass.

Checklist before acting

FAQ for heirs:

Can I renounce after 4 months? No, unless you prove that you were not aware of the death. After this period, you are deemed to have accepted. Consult a solicitor without delay.

What if I have already sold an asset? That is an act of disposal = tacit acceptance. Impossible to renounce afterwards. Check with a professional whether an action for nullity is possible.

How is the 4-month period calculated? It runs from the date of knowledge of the succession (often the notification from the notary). If you learn of the death on 1 March, the renunciation must be filed before 1 July.

Is the renunciation free? The declaration at the registry is free. If you go through a notary, expect about €300 in fees.

Can I change my mind after renouncing? No, renunciation is irrevocable, unless you were the victim of fraud or error. A very rare case.

Conclusion

If you find yourself in a similar situation, an initial 30-minute consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Book an appointment →