Ministero della Giustizia

WAIVER OF THE SUCCESSION

It is possible to waiver the succession.
The waiver is a deed by which the successor declares he does not wish to acquire the inheritance because, for example, the deceased's debts are more significant than the assets; in this manner, he puts an end to the effects of the succession in his regard and consequently remains unconcerned by the procedure.
As a result, no creditor will be able to apply to him for payment of the deceased's debts.
The successor may waiver the inheritance through a written statement received from a notary or the Clerk of the Court.
Like the acceptance, the waiver cannot be subject to conditions or terms, or be limited to only a part of the inheritance. Otherwise the statement of renunciation shall be void.
It cannot be carried for consideration or in favour of only some of the other successors to the inheritance, in these cases it has almost the opposite effect, namely the acceptance of the inheritance.
The right to waiver the inheritance, just as the right to accept it, can be exercised within ten years of the deceased's death. In the event of judicial declaration of filiation, however, the time-limit starts to run from when the judgment becomes definitive.
The waiver is revocable if in the meantime others have not accepted the inheritance and until the right to accept it is time-barred.
The successor is barred from the right to waiver - and is deemed to be the plain and simple heir - if he has purloined or concealed assets belonging to the inheritance.

For further information:

• Court of Milan
• Court of Cremona
• Judicial Authorities of Genoa

Possibility of abridging the 10-year period for accepting or renouncing the inheritance
The time-limit may be shortened through formal depositions.
This means that anyone with an interest may ask the Court to impose a closing date by which the successor must declare whether he accepts or renounces the inheritance. If the successor has not made a declaration by this date he loses the right to accept the inheritance.

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