REPUDIATION

What are the ways by which the repudiation of the inheritance, legacy or devise may be made?

1. By means of a public instrument

2. By means of an authentic instrument

3. By means of a petition presented to the court having jurisdiction over the testamentary or intestate proceedings.

 

What is the effect of repudiation if an heir is both a testate and legal heir?

If an heir is both a testate and legal heir, the repudiation of the inheritance as a testate heir, he is understood to have repudiated in both capacities. However, should he repudiate as a legal heir, without knowledge of being a testate heir, he may still accept the inheritance as a testate heir.