Inheritance Waiver Example

Right / by admin / July 04, 2021

Inheritances are fully repudiable rights, these in many places are called repudiation and in other places they are considered waivable.

In some places the resignation of an inheritance is irrevocable and occurs when the “by cujus”(Person who died), in a testated or intestate form, leaves assets for the corresponding heirs.

The resignation is as already said, usually irrevocable, but it is essential to know if there is no pressure, coercion or influence for such an event.

It should be noted that an inheritance is not the same as a legacy, because even being of the same nature; the inheritance and the legacy can be waived in favor of a third party as can be perceived in article 1497 of the Civil Code in force in the Federal District.

Being of the legal order, the resignation of an inheritance is made by writing or a promotion in which it is indicated that it is fully consciously renounced and in use of its mental faculties full.

Examples of waiver of inheritance:

Waiver of inheritance before a civil court:

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Luis Lopez Linares
Juana Lopez Linares

Ricardo Leonel Vargas Pérez
Ernesto Abelardo Vargas Pérez

Intestamentary Trial XXX / 2014

C. Judge X of the familiar
With residence in Mexico Federal District

Who subscribes "Luis López Llenares", who as indicated in the annotated records of the item, I am heir to the late Luis López Contreras, and I come to state the following:

By my own right, and aware of the effects that this document produces, I come to renounce my rights as heir to all the assets of my late father, so that they may be transferred to my sister named “Juana López Linares”, this being a personal decision and in order that the rights that correspond to us according to the law, are concentrated in my Younger sister.

In accordance with the foregoing, I sincerely ask:

First.- Have me presented in a timely manner and in accordance with the law.

Second.- Grant the above in favor of my sister Juana López Linares.

I protest what is necessary
Firm

Renunciation of inheritance before a notary:

Public Notary No 32581 in the Federal District,

Being in the offices of the public notary 32581 of this city, I Leopoldo Rincón Galindo, notary public 32581 of this city, I ratify the following:

Mr. Luis López Linares in full use of his mental faculties and identifying himself with his voter ID, and presenting a will duly dated faith, makes the corresponding waiver of inheritance consisting of a house of 5200 square meters, which has all his services, which according to the will should remain in the name of the two brothers, yielding all rights in favor of Juana López Linares.

Based on the corresponding law, I attest to what has been done.

Lic. Leopoldo Rincon Gallardo
firm

Luis López Linares Juana López Linares
Signature Signature

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