If I renounce an inheritance, does it pass to my children?
Recently, a client came to our office with a very specific query: "If I renounce an inheritance, does it pass to my children?"
To resolve this issue related to successions and inheritances, we have prepared this article.
Does renouncing an inheritance transfer the inheritance to my children?
Before answering the question “if I renounce an inheritance does it pass to my children”, it is worth understanding why someone might consider it.
Normally, this doubt arises for two very different reasons.
- The first contains a positive intention: there are people who want to renounce because they prefer their children to inherit directly, thinking that this way they will be able to help them financially or provide them with a more comfortable life. In these cases, renunciation is seen as a way of “skipping a generation”.
- The second reason is quite the opposite: in this case there is concern about the existence of debts. Many people who consider renouncing an inheritance fear that their children will be next in line and that the deceased’s obligations will end up affecting them.
That is to say, the question usually arises from one of these two concerns:
- Can I skip my position so that my children inherit directly?
- If I renounce, does the inheritance with debts pass to my child?
However, inheritance law does not work automatically, and the answer will depend on whether there is a will, how it is drafted, and the applicable legal regime.
That is why it is important to analyse each case before making a decision that could have significant financial consequences.
What happens in inheritance renunciations with a will?
When there is a notarial will, the answer depends on the wording.
In succession law, the testator can provide for what is known as ordinary substitution: a testamentary clause that states that
“in the event that the heir does not want or cannot inherit, their descendants will be called.”
In this case, if you renounce an inheritance, it passes to your children if the will includes this provision. However, if the will does not include it, the inheritance would not automatically pass to your children and would be redistributed among the other designated heirs or as specified in the will.
What happens in inheritance renunciations without a will?
Within intestate successions, both the Spanish Civil Code and the Codi Civil de Catalunya include the right of representation. This applies when the heir has died before the deceased.
This means that:
- If you are alive and renounce, your children do not automatically inherit by representation.
- If you renounce, your share is distributed among the other heirs of the same degree.
We recommend this related reading:
Practical example
Imagine that a person dies without a will and has two children and three grandchildren (children of one of those children). The first entitled to inherit are the children. If one of the children renounces and the other accepts, the inheritance will not pass to the grandchildren of the one who has renounced.
When does the next degree open?
In the event that all the children renounce, the next degree of succession may open, then the grandchildren could be entitled to the inheritance and should accept or renounce according to the specific characteristics of that inheritance. In the case that there are debts exceeding the total value of the inheritance, it is important to contact a Notary for renunciation of inheritances.
We believe this article may also be of interest:
Frequently asked questions about the transmission to children in the renunciation of succession
If you renounce an inheritance, you will not pay taxes or assume debts. However, you will need to process certain documentation and pay associated fees such as the deed before a notary.
In the event that an inheritance does not have a will, a declaration of heirs certificate must be processed. For those who want to renounce the inheritance from the outset and are clear about this action, they often wonder whether it is necessary to carry out this certificate or not (and thus avoid paying for it). The answer is no, as this certificate determines who the heirs are and without it, it is not formalised that you are one in order to be able to renounce it.
Conclusion on issues related to renunciations in inheritances
As we have seen, the answer to “if I renounce an inheritance does it pass to my children” posed by our client from the Eixample is not automatic. It will depend on the existence of a will and the applicable regime.
To study each case, you can trust JLA Notarios, notary office in Barcelona, on Avenida Diagonal and very close to Passeig de Gracia. We are Notaries specialising in inheritances and we study your case personally to advise you on the procedure.
