Mr. Nam is entitled to part of an estate, but the estate comes with large debts and complicated disputes. He wants to refuse the inheritance to avoid the trouble. Does the law allow refusing an inheritance? This article answers under the Civil Code 2015 in force as of October 2026.
1. Short answer: yes — with 3 conditions
The answer is yes. Under Article 620 of the Civil Code 2015, an heir has the right to refuse an inheritance. However, this right comes with three strict conditions on purpose, form, and timing.
2. Condition 1: not aimed at evading obligations
Under Clause 1, Article 620, an heir may refuse an inheritance, except where the refusal is aimed at evading the performance of his or her property obligations toward others. In other words, refusing an inheritance cannot be used to escape debts — the law prohibits this.
3. Condition 2: must be in writing and sent to the right persons
Under Clause 2, Article 620, a refusal of inheritance must be made in writing and sent to:
- The estate administrator;
- The other heirs;
- The person assigned to divide the estate.
A verbal refusal has no legal effect. The Civil Code does not require the refusal to be notarized, but in practice it should be notarized to secure evidentiary value in case of dispute.
4. Condition 3: must be expressed before the estate is divided
Under Clause 3, Article 620, the refusal must be expressed before the estate is divided. A refusal made after division is void — at that point the heir is deemed to have accepted the inheritance.
5. Checklist for a lawful refusal
- Confirm the refusal is not aimed at evading any debt or property obligation;
- Prepare a clear, complete written refusal;
- Send it to the correct three recipients: the estate administrator, the other heirs, and the person assigned to divide the estate;
- Do it before the estate is divided;
- Have the document notarized to secure evidence.
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FLAT Law Firm advises on inheritance: refusing inheritances, estate division, and resolution of inheritance disputes. Contact: contact us.
Disclaimer: This article is for general information only and does not replace legal advice for your specific case. Laws may change; please consult a lawyer before acting.
Transparency label: This article was prepared with the support of the FLAW AI Legal Council, an AI-assisted legal review system. It is not a legal opinion from a human lawyer who has reviewed your case.
