Pure acceptance

By purely accepting an inheritance, an heir becomes entitled to (his share in) all the deceased's assets, but is also liable for (his share in) all the deceased's debts. This is also the case if the debts of the estate turn out to be higher than the assets. You are then obliged to pay the debts of the estate from your own private assets. This can be avoided by rejecting an estate or accepting it beneficently. In the first case, you have no rights to anything. In the second case, you do have rights if the estate does end up being positive.

Positive acceptance can be done in two ways. Either by making a declaration (this does not have to be registered with the court) or by the heir already behaving as if he had accepted purely. For example, by already emptying the house, selling the deceased's car, etc. So be careful not to act too quickly with an estate. Even with good intentions, creditors may seek recourse against your private assets.

For more information on the choice between pure acceptance, beneficent acceptance and rejection, please contact us. We will be happy to help.