In cases of succession, the rule is that heirs cannot be forced to inherit and may thus renounce, waive or disclaim the succession.
While the testator is still alive, an heir may renounce their succession right in advance under an agreement with the testator. Unless otherwise agreed, this renunciation also applies to the heir’s relatives in the descending order. The agreement must be drawn up in the form of an authentic instrument. The rights and obligations under the agreement may be revoked by the parties in writing.
After the death of the deceased, the heir has the right to waive succession, in which case they are treated as though they had never acquired the inheritance. For the waiver of the succession to be valid, an express declaration of the waiver must be made to a court. Succession may be waived within one month of the date on which the court notifies the heir of the right to waive the succession and of the consequences of a waiver. If an heir resides abroad, the time limit for waiving succession is three months. A court makes an appropriate extension to the time limit for an heir to waive succession if there are compelling reasons to do so. A waiver of succession is void if the heir accompanies that waiver with conditions or reservations, or waives the succession only in part. A waiver of succession is disregarded if the heir has already indicated, through their actions, that they wish to accept the succession. A forced heir who waives the succession may do so, but this does not extend to their reserved share. A contractual heir under an inheritance agreement may waive the succession only if this is not precluded by the agreement.
On the death of the testator, an heir who has not waived succession may disclaim it in favour of another heir. Succession must be disclaimed before a court in succession proceedings. A forced heir who disclaims succession also waives the right to a reserved share. This disclaimer also applies to their relatives in the descending order. An heir who disclaims succession is not absolved, by that act, of the obligation to comply with orders, instructions relating to a bequest or other measures which, according to the testator's will, can and should be fulfilled only in person.