Renouncing an inheritance

Saving on tax can be a reason for renouncing an inheritance

The classic reason for forgoing inheritance is when the liabilities exceed the assets.

However, there are three considerations in this regard:

  1. The waiver of inheritance must be notarised.
  2. When there is doubt regarding the inheritance liability, it is advisable, as a precaution, to accept the inheritance for the benefit of the inventory in order to respond with the inheritance assets, so that the heir’s private assets are not affected.
  3. It is usual that renouncing an inheritance or, where appropriate, a legacy, results in a tax saving that must be assessed before deciding whether to accept or forgo an inheritance or a legacy.

In GABARRÓ ADVOCATS –HERÈNCIES-  we advise and study the viability of renouncing the inheritance for tax reasons, as well as the need to accept the inheritance for the benefit of inventory or, simply, the recommendation to renounce the inheritance, when the inherited liabilities exceed the asset

More services

“Portio Legitima”

How much is it? How and when must it be paid? Can an heir be cut off?

Managing the inherited estate

Managing the estate correctly is crucial

Preventive notarial documents

In lieu of the judicial procedure for modification of legal capacity

Judicial procedure for modification of legal capacity (incapacitation)

In cases where there is no option but to incapacitate our nearest and dearest


It shouldn’t just be a will, it should be a good will.

Obtaining the documents

Documents which are strictly necessary in order to process

No will

When a will has not been drawn up, the Law determines the heirs