open dyslexic mode

For the Third Panel of the Superior Court of Justice (STJ), an heir who renounced the inheritance cannot claim rights to the over-distribution of the deceased's assets that may be discovered in the future. With this understanding, the panel considered that a woman, heir to the original creditor of a company in bankruptcy proceedings, does not have standing to request the accreditation of the credit, as she renounced her share of the inheritance.
The reporting judge, Justice Ricardo Villas Bôas Cueva, stated that the renouncement of the inheritance is indivisible and irrevocable, completely terminating the renouncer's inheritance rights, as if such rights had never existed, "leaving her with no prerogative over any asset of the estate." "Regarding waiver, legal doctrine states that the waiver divests himself of his inheritance rights retroactively and definitively, relinquishing all assets and rights already transferred. Thus, once the waiver is complete, it is as if he had never been an heir and is therefore no longer a beneficiary of the inheritance law," he declared.

After mentioning that Article 1,812 of the Civil Code considers both the acceptance of the inheritance and its waiver to be irrevocable, the minister emphasized that, according to the STJ's case law, the act of waiving is exercised in its entirety in relation to the entire inheritance, not subject to incidental elements, "which is why an inheritance cannot be accepted or waived in parts, under conditions (uncertain future event) or terms (future and certain event)."

Villas Bôas Cueva also emphasized that, according to both legal doctrine and case law, the discovery of new assets after the inventory allows for over-distribution, but does not rescind or nullify the distribution already made, nor the acts performed.

For more information, see the case: Resp 1.855.689/DF.

Source: STJ News.

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