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Beatriz Milla Martí Notary · Es Mercadal, Menorca

Inheritance and gifts · Menorca

Renunciation of an inheritance

Updated 17/07/2025

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A renunciation of an inheritance is the legal act by which a person entitled to inherit (an heir) decides not to accept the assets, rights and obligations that would pass to them following the death of the deceased. This decision means that the person renouncing is left out of the succession and does not acquire any part of the estate.

The renunciation must be made expressly and formally, preferably before a notary, to ensure legal certainty and to avoid future claims or confusion about whether the inheritance has been accepted.

What is a renunciation of an inheritance for?

  • Avoiding liability for any debts or charges that may exist in the estate
  • Voluntarily excluding oneself from the succession so as not to acquire assets or liabilities
  • Allowing the renounced share to pass to other heirs in accordance with the law or the will
  • Facilitating the proper distribution of the estate without disputes

What does the notary do in a renunciation of an inheritance?

  1. Informs the person renouncing of the legal consequences and effects of the renunciation
  2. Records their clear and express wish to renounce the inheritance
  3. Drafts the public deed (escritura pública) or notarial record (acta) formalising the renunciation
  4. Authorises and signs the document to give it legal validity
  5. Issues copies for use in succession and registry procedures

Requirements and conditions for the renunciation

  • It must be made within the established legal time limits (these vary by jurisdiction)
  • It must be express, clear and not subject to conditions or time limits
  • It may be total or partial (renouncing the entire inheritance or only part of it, depending on the legislation)
  • Once made, the renunciation is irrevocable and takes effect from the moment of the deceased's death
  • Renunciation may be advisable when the estate has more debts than assets
  • You must not indirectly accept the inheritance, as this is regarded as tacit acceptance
  • The renunciation must be registered with the Land Registry (Registro de la Propiedad) or the relevant registries when it affects real estate
  • The renunciation benefits the next heirs in the order of succession

A public deed of renunciation of an inheritance executed before a notary is fully valid and has full evidential force, guaranteeing that the wishes of the person renouncing are clear and irrevocable and have immediate legal effect on the succession.

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