Renonciation a une succession (Quebec)

A renunciation of succession (renonciation a une succession) is a formal legal document under Quebec civil law that allows an heir to expressly and unconditionally decline their right to inherit from a deceased person. Governed by articles 630 to 652 of the Civil Code of Quebec (CCQ), the renunciation is one of the three options available to every heir upon the opening of a succession: acceptance, renunciation, or acceptance under benefit of inventory. When an heir renounces a succession, they are deemed retroactively never to have been an heir from the moment the succession opened, which is the date of death (art. 647 CCQ). This means the renouncing heir has no right to any asset of the succession, but equally bears no responsibility for any of the debts of the deceased. The renunciation must be express and unconditional under article 646 CCQ. It cannot be partial, meaning an heir cannot accept certain assets while renouncing others. The renunciation also cannot be subject to conditions or terms. In Quebec civil law, the concept of succession is broader than merely inheriting property. It encompasses the entire patrimony of the deceased, including assets, rights, obligations, and debts. This is why renunciation is such an important tool when a succession is insolvent.

A renunciation of succession is most commonly needed when the debts of the deceased exceed the value of their assets, making the succession insolvent. In this scenario, accepting the succession could expose the heir to personal liability for the debts of the deceased, up to the value of the property received. By renouncing, the heir avoids all such liability. Other common situations include when the heir wishes their share to pass to the next person in line according to the rules of legal devolution or the terms of the will; when the heir has their own financial difficulties and does not want the inherited property to become available to their own creditors; when family members have agreed among themselves to redistribute the succession differently than provided by law; when the heir is already financially secure and wishes to benefit younger family members who would inherit in their place; or when the heir has concerns about the complexity, cost, or potential litigation involved in the settlement of a particular succession. It is important to act within the 10-year time limit established by article 632 CCQ, although creditors may force an earlier decision.

A valid Quebec renunciation of succession must contain several essential elements. First, the identity of the renouncing heir must be fully stated, including name, address, date of birth, and their relationship to the deceased. Second, the identity of the deceased must be provided, including full name, last known address, date of death, and place of death. Third, the nature of the succession must be specified, whether testamentary (arising from a will) or legal (arising from the rules of intestate succession). Fourth, a description of the succession should be included, providing a general overview of the known assets and debts. Fifth, the formal declaration of renunciation must be express and unconditional, as required by article 646 CCQ. The heir must clearly state that they renounce all rights to the succession. Sixth, the document should reference the legal effects of the renunciation under article 647 CCQ, noting that the heir is deemed never to have been an heir and that the renunciation is retroactive to the date of death. Seventh, a statement regarding prior acts should confirm that the heir has not performed any acts that could constitute acceptance of the succession under article 637 CCQ. Eighth, the document must be signed and dated. Under article 1375 CCQ, it must be executed in good faith.