Paragraph 3: Early waiver of the reduction action

Any presumptive reserved heir may renounce the right to bring an action for reduction in an unopened succession. Such renunciation must be made in favour of one or more specified persons. The renunciation is binding on the renouncing person only from the day on which it was accepted by the person he is entitled to inherit. The renunciation may relate to an attack on the whole of the reserve or…

The renunciation is drawn up by a specific deed received by two notaries. It is signed separately by each renunciant in the presence of the notaries alone. It states precisely its future legal consequences for each renunciant. The renunciation is void where it has not been drawn up under the conditions set out in the previous paragraph, or where the consent of the renunciant has been vitiated by error, fraud…

The capacity required of the renouncing party is that required to make an inter vivos gift. However, an emancipated minor may not renounce in advance the action in reduction. Renunciation, whatever its terms, does not constitute a liberality.

Renunciation has no effect if the renouncing party’s reserve estate has not been affected. If the hereditary reserve has only been partially infringed, the renunciation only produces effects up to the amount of the infringement of the renouncing party’s reserve resulting from the liberality granted. If the reserve is impaired to a greater extent than that provided for in the renunciation, the excess is subject to reduction. A renunciation relating…

The renouncer may only request the revocation of his renunciation if: 1° The person he is entitled to inherit from does not fulfil his maintenance obligations towards him; 2° On the day the succession is opened, he is in a state of need that would disappear if he had not renounced his reservatory rights; 3° The beneficiary of the renunciation has been guilty of a crime or an offence against…

Revocation never takes place ipso jure. The application for revocation is made within one year, from the day of the opening of the succession, if it is based on neediness. It is made within one year, from the day of the act imputed by the renouncing party or from the day on which the act could have been known by his heirs, if it is based on failure to fulfil…

The renunciation may be set up against the representatives of the renouncing party.