Renouncing an inheritance at the district court

Renunciation of an estate takes place at the district court. A family message is not that. A message in the family group chat is not that. A sentence on a mourning card is not that. In the file a renunciation counts only when the document from the district court is there, with the date and the name of the person who renounces. Until that document is there, the choice stays empty, or an intended renunciation remains standing as an intention, clearly separated from the choice itself.

Whoever renounces does not stand as an heir with a fraction. The person does remain a person involved, because the renunciation is a fact about that person. The share of the estate is not passed on by the software to someone else. Who is an heir after that comes from the statute or from the will, read outside this program. The file leaves the fraction empty, or lets the earlier fraction lapse with the renunciation as the source, without inventing a new fraction.

A minor cannot renounce by themselves. The subdistrict court judge has a role in that. How that role runs in detail, this file does not describe and the software does not fill in. It states that the person involved is a minor, with the date of birth as the source. A renunciation is not recorded on the basis of a message from a parent alone. A document in which the subdistrict court judge has a role belongs with it. Without that document the child's choice stays empty.

Renunciation is something other than acceptance under the benefit of inventory, and something other than doing nothing. The file does not enter doing nothing as renunciation. A child who is silent does not stand as renouncing. Nor does a partner who has the key. Only the document from the district court, or in the case of a minor the document in which the subdistrict court judge has a role, carries the choice. Other papers may lie beside it as correspondence. They are not renamed into a renunciation.

Ervazo does not file the renunciation and draws up no deed. It orders the document if it is there and does not calculate by way of advice. It files no tax return and makes no payment. A family message remains correspondence. The district court is the source of the choice. The civil-law notary, the court or the Dutch Tax Administration (Belastingdienst) decides the specific case. Until the document from the district court lies in the file, a renunciation is not a fact.