Forfeiture of inheritance

Upon the testator’s death, the heirs assume his legal position in full and take over all rights and obligations. This means that the heirs are responsible not only for the remaining assets but also for the debts left behind. If the debts in the inheritance are higher than the assets, this means, that the heirs must assume responsibility for the decedent’s debts with their own assets. In certain cases, this assumption of debts may be intentional. However, every heir is free to disclaim his or her inheritance in the event of imminent over-indebtedness or for personal reasons.

In contrast to the renunciation of the inheritance, the disclaimer of the inheritance only takes place when the succession occurs. If the heir does not wish to accept the inheritance, this must be notified within three months by a registered letter to the competent authority at the last residence of the deceased person. For legal heirs, the period begins to run on the day on which they learn of the deceased’s death. This is usually on the day of death. For appointed heirs, the period begins when they have been informed of the right to inherit by means of official notification.

According to Art. 571 para. 1 CC he right of disclaimer is forfeited if the 3-month period expires unused and the inheritance is deemed to have been accepted without reservation. In Art. 571 para. 2 CC, various forms of implied acceptance of the inheritance are mentioned. These acts result in the heir being unable to disclaim the inheritance even before the expiry of the 3-month period. What these forms have in common is that the person appointed to the inheritance behaves as if he or she were already definitely the heir. 

If an heir interferes with the inheritance, his right of disclaimer is forfeited. Such interference occurs if the action of the heir cannot be qualified as a mere administrative act, i.e., action to secure the inheritance (preservation or value of the assets), and is also not necessary for the continuation of the deceased’s business. It must also be assumed that the heir is interfering if he/she files an inheritance, reduction or inheritance division action or makes a land register application. It is also inadvisable to pay any bills of the deceased person. Under certain circumstances, this could be qualified as interference.

The right of disclaimer is further forfeited if the heir appropriates or conceals inherited property. The prerequisite for this is that the heir knew of the inheritance when he took possession of the inherited property. In addition, the heir must also be aware that the inheritance matter is part of the inheritance, and he must with the intention of overreaching the co-heirs or disadvantage the creditors or legatees. However, there are also certain acts relating to the inheritance that do not constitute acts of interference. These include contesting disinheritance or raising an invalidity action.