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Accept or reject the estate

Accept or reject the estate

An heir can accept an estate pure, accept it under the privilege of inventory or reject it. Once a choice is made, you cannot, in principle, reverse it at a later time.

When you accept an estate pure, it means that you accept not only the assets but also the debts of the estate. As a result, if the estate contains insufficient assets to pay all the debts of the estate, you will be liable with your private assets for the debts of the estate!

You can also choose to accept the estate under the privilege of estate planning. This is called "beneficent acceptance." You indicate that you only accept the estate when it turns out to be positive. You do not then become liable with your private assets for the debts of the estate. However, choosing to accept the estate as a beneficiary can have other disadvantages.

You may already know that debts of the estate exceed assets or you simply do not wish to receive anything from the testator. In that case, you can choose to reject the estate. You will then receive nothing from the estate.

Rejecting or accepting the estate can also be done in combination with an appeal to the legitimate portion. It is important to think carefully beforehand about the choice you are going to make. After all, the choice you make can have major consequences and is, in principle, irrevocable. We are happy to think along with you, so that you make the right choice for your specific situation.

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