A member asked over 7 years ago

Disclaiming inheritance

How do you disclaim inheritance? Father died 2012, his Australian assets have all been distributed to beneficiaries (3 children). It has now emerged that my father has an inheritance right (1/4 share) in a run-down property in Romania. This right transfers to the 3 daughters. The problem is the expense of authenticating/translating etc is likely to be more expensive than the value of the share of Romanian property. The other 3/4 interests in the property reside in Germany, and they are all waiting on us in Australia to finalise documentation. Is there a cost-effective way of renouncing the inheritance right/interest in Romanian property, so that the matter can be settled in Romania?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Under Australian law, it is generally possible for a beneficiary under a will to renounce or reject their entitlement. The beneficiary and executor of the estate would sign a formal legal document that confirms that the beneficiary disclaims their interest in the deceased’s estate and does not wish to exercise their rights to receive a share in the estate.

However, Australian law is different to Romanian law. If the will under which your father (and now his three children) received the property interest was executed in Romania pursuant to Romanian law, then your rights as beneficiaries to claim or disclaim an interest in the estate would be governed by Romanian law. You would need to consult an expert in private international law or Romanian law for further assistance.

Suggested way forward

You may want to start your investigations by speaking to an Australian wills and estates lawyer. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer


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