Refusal to Inherit by Will: Is Inheriting by Law Still Possible?

Editorial Board, may I ask. In the case where a person is bequeathed inheritance according to a will but they have refused to accept it, if that portion of the estate is to be distributed according to the law, do they have the right to receive it again?

According to Article 650 of the Civil Code 2015, it stipulates as follows regarding inheritance by law:

- Inheritance by law is applicable in the following cases:

+ There is no will;

+ The will is invalid;

+ The heirs designated in the will die before or at the same time as the testator; the agency or organization entitled to inheritance under the will no longer exists at the time of opening the inheritance;

+ The individuals appointed as heirs in the will have no right to inherit the estate or refuse to accept the estate.

- Inheritance by law is also applied to the following portions of the estate:

+ The portion of the estate not disposed of in a will;

+ The portion of the estate related to the part of the will that is invalid;

+ The portion of the estate related to individuals who are heirs under the will but have no right to inherit, refuse to accept the estate, die before or at the same time as the testator; related to an agency or organization entitled to the estate under the will, but no longer exists at the time of opening the inheritance.

Thus, the division of inheritance by law is carried out with respect to portions of the estate in which the person entitled to inheritance by law refuses to accept the inheritance. Therefore, in my opinion, those who refuse to accept the inheritance under the will shall not receive the portion of the estate by law.

Editorial board feedback.

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