Can we give up part of our inheritance in advance?

If you are heir to the reservation presumptive, you may agree not to contest the donations or bequests which could deprive you of your share of reserve.

For this, you must be major. You must also be sane, i.e. possessing mental capacities allowing discernment and a sufficiently enlightened will.

If you are of legal age under curatorship, you cannot give up in advanceaction in reduction unless you are assisted by your curator. If you are of legal age under guardianship, you may waive only if you are authorized by the family council.

If you are emancipated minor, you cannot give up the discount action in advance.

You must establish a inheritance pact.

The Inheritance Pact is a authentic act which must be drawn up in accordance with the formalities laid down by law. In particular, it shall specify the following information:

• Identity of theheir reserving who gives up a reduction action and what exactly he gives up
• Identity of the person receiving the donated or bequeathed property
• Legal consequences of the waiver for the waiver.

The consent of the waiver shall not be flawed (for example, given under duress).

The inheritance pact must be signed before 2 notaries. One of them is designated by the departmental chamber of notaries.

The Inheritance Agreement may concern part or all of your share of reserve.

You waive the right to contest donations or bequests which could deprive you of that part of the inheritance. You do so for the benefit of one or more persons specified in the covenant.

The covenant of succession is a waiver of the action for reduction, but not a waiver of the succession. You're still heir.

The covenant of succession produces only its effects on the reserve that you have undertaken not to contest.

Your share of the reserve must be impaired for the waiver to take effect. If a partial infringement has been made on your share of the hereditary reserve, the waiver only produces effects equal to that infringement.

You will have to pay notary fees to establish an inheritance pact. The amount of fees is fixed by the notary.

If you have renounced your share of the inheritance by signing an inheritance agreement, you can request the cancelation of the agreement in one of the following 3 cases :

• The person you are destined to inherit does not fulfill its maintenance obligations towards you (example: parent who does not support his child). You must make your request within1 year from the day on which the person no longer fulfills his maintenance obligations.
• You are in financial difficulty on the day of the opening of the estate. You have 1 year from the day of the opening of the estate to make your request.
• The beneficiary of the reserve share that you have waived has been found guilty of crime or a offense against you. You must make your request within'1 year either from the day the crime or offense was committed, or from the day you became aware of it.

To request the cancelation of an inheritance agreement, you must refer the matter to the court of the domicile of defendant. You need to get a lawyer.