Contractual waiver of inheritance

A contractual waiver of inheritance is the heir's relinquishment of inheritance rights through an agreement with the future deceased. It is concluded during the deceased's lifetime and, being an inheritance contract, must be executed in official form before a notary and witnesses.

The waiver may be made with or without consideration. A waiver for consideration binds the waiving heir's descendants unless otherwise agreed, whereas a gratuitous waiver affects only the waiving heir, whose descendants remain heirs. The waiving party loses heirship and the protection of the reserved share.

In practice it serves as a planning tool for deceased persons who have transferred substantial assets to one child during their lifetime and wish to prevent later abatement and equalisation disputes. Since values received in exchange for the waiver can, under certain conditions, become subject to other heirs' abatement claims, the contract's scope should be structured with professional support.