Arveret

A waiver of inheritance means that an heir renounces an inheritance that would otherwise have passed to that heir. An heir may renounce either all or part of their future inheritance. A waiver of inheritance can be made either in respect of expected inheritance, meaning the waiver is made before the testator’s death, or in respect of accrued inheritance, meaning after the testator’s death.

There are no formal requirements for a waiver of inheritance other than that it must be communicated to the testator. However, for evidential reasons, it is always advisable to prepare a written declaration of waiver of inheritance.

It is possible to make a “blank” waiver of inheritance. In that case, you renounce your inheritance in full, both on your own behalf and on behalf of your descendants. The inheritance will then be distributed among the other heirs of the deceased. It is also possible to make a “personal” waiver of inheritance. This means that you only renounce the inheritance on your own behalf, and that the inheritance instead passes to your descendants.

It is important to note that a waiver of inheritance should not be made subject to conditions, as this may result in the heirs having to pay double inheritance tax. For example, you cannot waive inheritance in favour of your children while at the same time making the waiver conditional by stipulating that the inheritance is to be their separate property.

The rules on waivers of inheritance can be highly complex and confusing. KROMANN Law Firm is ready to advise you on the many aspects of waiving inheritance, so you can determine whether it is the right solution for you. We are also ready to prepare the written declaration of waiver of inheritance to ensure that your or your family’s interests are best protected.

CONTACT US TODAY

Contact KROMANN Law Firm today on tel. +45 8618 1102 or by email at kontakt@advokatkromann.dk if you require guidance regarding waiver of inheritance, or assistance in preparing a written declaration of waiver of inheritance.

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