Beneficiary's Relinquishment of Inheritance

Does someone wishing to relinquish inheritance rights in favour of another need that person's approval?

No! Relinquishment of inheritance rights in another's favour is a one-sided act which does not require the recipient's approval.   

At what stage can an heir relinquish his inheritance rights?

After the deceased's death and before the estate is divided , providing he/she gives written notice to the inheritance registrar about relinquishing all or part of the share in the estate , or a specific item of property, wholly or partially.

In whose favour can an heir relinquish inheritance rights?

Only in favour of a spouse, child or sibling of the deceased.   

Can an heir give up inheritance rights in favour of more than one person?

Yes, but they must be those permitted by law.   

What is the legal standing of someone who gives up his/her inheritance rights?

Akin to someone who was not an heir in the first place.   

Can someone give up rights to inherit under a will, in order to inherit as an heir under the law?

Most likely not if that person's aim is to foil the testator's wishes, as the court will not encourage this and will reject an application by him to relinquish his rights.   

What is the legal position when an heir relinquishes his/her inheritance rights after an order has been given to divide the estate?

Where the relinquishment is made after the inheritance order is granted, but before the estate is actually divided up, then the order must be amended, so that it includes the heir in his favour the person gave up his/her rights. 

At what point is a person relinquishing his inheritance rights regarded as actually doing so?

When the relinquishment document is filed in court. 

Can a creditor cancel the relinquishment notice given by an heir?

Where an heir acts in bad faith to infringe the rights of third parties like creditors, the court has discretion to cancel his/her relinquishment of the inheritance.    

Can a minor who is entitled to maintenance from one of his parents, file for the cancellation of that parent's relinquishment of inheritance rights?

Yes, if that parent claims he/she cannot pay his/her maintenance obligation to the minor, and yet gives notice to relinquish his/her inheritance rights, then the child can file for the cancellation of the relinquishment in order to receive maintenance.   

Can a person in whose favour an heir gave up inheritance rights, also relinquish them?

Yes! There is nothing to prevent someone who received another's inheritance rights from relinquishing them afterwards. 

Can an heir who has given notice of relinquishing inheritance rights change his or her mind?

No, the Inheritance Act of 1965 does not permit this. 

Can a minor relinquish his or her inheritance rights?

Only with court approval. 

Can someone lacking legal capacity relinquish inheritance rights?

Again, only with court approval. 

Is it possible to condition one's relinquishment of inheritance rights?

No! Conditional relinquishment of inheritance rights is cancelled and has no legal validity.   

I am relinquishing my share in my late father's estate because it is in heavy debt. Am I entitled to do the same regarding my children's share in their grandfather's estate for the same reason, as I am their father?

Yes, as the minors' natural guardian a father can act this way, subject to court approval.   

Can brothers who inherit relinquish their inheritance in favour of another brother, just regarding the family apartment?

Not unless they inherit the specific apartment as a "portion" in a valid will . An heir is only able to relinquish his share in the estate, or a portion that he is entitled to under a will but not from a particular property which is not defined as a portion. Accordingly, if the apartment is part of the estate, but the deceased did not make a will, or the apartment was in the will, but not defined as a portion, then the brothers cannot relinquish their share just in it. If, however, they inherit it specifically as a portion in a will, then they can relinquish their shares in it in favour of another brother.   

Can someone relinquish his/her future inheritance while the deceased is still alive?

No! 

Can a person relinquish his inheritance after the estate is divided?

No!   

Can a person relinquish his/her inheritance orally, or by implying so?

No! Relinquishment of one's inheritance can only be made by way of a written notice to the Inheritance Registrar or court.   

Is an heir who received money or benefit for relinquishing his/her share of the estate still regarded as an heir who relinquished his/her share?

Yes, the fact that he/she received some benefit makes no difference.   

Can someone give up their inheritance share in a particular property, rather than the whole estate?

Yes ! The Inheritance Act of 1965 permits this.   

Can an heir give up his/her inheritance share if it is frozen?

No ! An heir can only relinquish a share in the estate that is not subject to a freezing order.   

Can an heir give up his/her inheritance share in favour of the deceased's grandchild?

No! The Inheritance Act of 1965 limits the relatives that can benefit from relinquishment by an heir to three categories of people only – the deceased's spjohouse, children or siblings.