Photo from Pexels | Anete Lusina
This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Article 1056 of the Civil Code emphasized that the repudiation of an inheritance, once made, is irrevocable, and cannot be impugned, except when it was made through any of the causes that vitiate consent, or when an unknown will appears.
An heir may, under certain circumstances, choose not to receive an inheritance. Whatever the reason, it is essential that any repudiation be made in accordance with law. Accordingly, a person may legally refuse or decline to receive an inheritance, provided that the requirements set by law are complied with.
The manner by which an inheritance may be validly repudiated is governed by specific provisions of the Civil Code of the Philippines.
Article 1041 of the Civil Code of the Philippines provides that the acceptance or repudiation of the inheritance is an act which is purely voluntary and free. As to its effects, Article 1042 of the Civil Code further instructs that the effects of the acceptance or repudiation shall always retroact to the moment of the death of the decedent.
Who may repudiate an inheritance?
Under Article 1043 of the Civil Code, no person may accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit, and of his right to the inheritance.
Article 1044 of the Civil Code further provides that any person having the free disposal of his property may accept or repudiate an inheritance. Any inheritance left to minors or incapacitated persons may be accepted by their parents or guardians. Parents or guardians may repudiate the inheritance left to their wards only by judicial authorization. Additionally, the right to accept an inheritance left to the poor shall belong to the persons designated by the testator to determine the beneficiaries and distribute the property, or in their default, to those mentioned in Article 1030.
How should one repudiate his inheritance?
The repudiation of an inheritance shall be made in a public or authentic instrument, or by petition presented to the court having jurisdiction over the testamentary or intestate proceedings. (Article 1051, Civil Code)
However, the right to repudiate should not be made at the whim of an heir who is to receive such inheritance. Under Article 1052 of the Civil Code, if an heir repudiates the inheritance to the prejudice of his own creditors, the latter may petition the court to authorize them to accept it in the name of the heir.
If the heir should die without having accepted or repudiated the inheritance his right shall be transmitted to his heirs. (Article 1053, Civil Code)
Certain categories of heirs or entities are subject to specific rules when repudiating an inheritance. These rules recognize the need for additional protections or approvals to safeguard the rights of minors, incapacitated persons, or institutional entities.
1) Corporations, Associations, Institutions and Entities
The lawful representatives of corporations, associations, institutions and entities qualified to acquire property may accept any inheritance left to the latter, but in order to repudiate it, the approval of the court shall be necessary. (Article 1045, Civil Code)
2) Public official establishments
Article 1046 of the Civil Code provides that public official establishments can neither accept nor repudiate an inheritance without the approval of the government.
3) Married Woman
A married woman of age may repudiate an inheritance without the consent of her husband. (Article 1047, Civil Code)
4) Deaf-mutes
Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an agent. Should they not be able to read and write, the inheritance shall be accepted by their guardians. These guardians may repudiate the same with judicial approval. (Article 1048, Civil Code)
Repudiation by an Heir called both Testate and Intestate
Article 1055 of the Civil Code provides guidance, if a person, who is called to the same inheritance as an heir by will and ab intestato, repudiates the inheritance in his capacity as a testamentary heir, he is understood to have repudiated it in both capacities. Should he repudiate it as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter capacity.
Irrevocability of Repudiation
Article 1056 of the Civil Code emphasized that the repudiation of an inheritance, once made, is irrevocable, and cannot be impugned, except when it was made through any of the causes that vitiate consent, or when an unknown will appears.
Related Articles:
Click here to subscribe to our newsletter
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
All rights reserved.
Leave a Reply