Is it possible to renounce the inheritance in favor of another heir?

Is it possible to renounce the inheritance in favor of another heir?

If you are facing an inheritance process and want to clear some doubts and get legal advice with the certainty that you and your rights will be taken care of, this article is for you.

Inheritance can become a tricky business if you do not have the right team of professionals to walk you through it. Our team of lawyers in Torrevieja would be pleased to give you the answers you are looking for, depending on your particular case.

With more than fifteen years backing up our expertise in the Inheritance field, we know family matters have to be treated with compassion and efficiency. Inheritance processes are not the exception and they can give birth to plenty of questions. Getting honest counseling ensures efficient and well-thought solutions.

Clear your doubts

One of the questions that may come up in the face of an inheritance has to do with the rights of the heir.  Heirs, as everyone, have rights and obligations: what is the heir allowed to do with the portion of the estate they inherit? This is a common doubt, and more specifically, can they renounce their inheritance in favor of another heir?  The simple answer is yes, but there is more than one possible scenario to this question. Let’s get into them.

Possible scenarios

When someone becomes an heir, they are always free to do whatever they want with their portion, that is, nobody is forced to accept something that they don’t want or would rather have someone else get. And it is possible, one or more heirs may decide to renounce their inheritance for a wide variety of reasons. As strange as this may sound, these situations come up quite often. For us as inheritance professionals, every reason behind this decision is valid as long as they are in the best interest of our clients. Having checked the background of each particular situation and considering all this, renouncing a portion of an inheritance is more frequent than one may think.

What are the most common scenarios? In short, the first possible scenario is that, when summoned upon an inheritance, the heir or heirs may decide to simply renounce their portion. This doesn’t entail transferring the estate, as the heir is not renouncing in favor of another heir. In this case, the estate is divided among the heirs who accept their portion.

Another possible, and quite frequent scenario, is that the heir might choose to renounce their portion of the estate in favor of another heir in particular. In that case, the steps to follow are different. When renouncing in favor of another heir, the portion of the estate that belongs to the first heir goes through the process of transfer. That is, the renouncing heir transfers their right to inherit to a different heir. It is worth mentioning that transferring your inheritance portion is different to donating it which is, definitely, another possibility for the heirs after the inheritance process has been completed.

Your team of lawyers in Torrevieja

Whichever the case, the heirs would have to decide whether they are accepting or renouncing their estate once they are summoned and each process carries different steps and costs. Whatever it is you decide to do in the face of these processes, as inheritance lawyers we aim at providing the best legal advice you can make use of, prioritizing your welfare. We provide an integral service that guarantees your rights feel protected from the very first consultation. Hiring not only professional, but reliable lawyers for this kind of matters makes the difference when making high-impact decisions.


Don’t hesitate to contact us, we are your lawyers in Torrevieja.