If the heir has renounced the inheritance in writing, does he still have the right to participate in

If you haven't split it, you can regret it, and see if the court admits it.

Inheritance Law Interpretation.

50 If the heirs repent, before the disposition of the estate or during the course of litigation, the people's court shall decide whether to recognize it on the basis of the specific reasons put forward by the heirs. After the estate is disposed of, if the heirs repent of giving up the inheritance, they will not be recognized.

It is possible to repent. According to the provisions of the Inheritance Law and its judicial interpretations, the expression of intent to renounce inheritance shall be submitted after the commencement of inheritance and before the completion of the disposition of the inheritance. And your mother is still alive, and there is no record of inheritance or not, to put it mildly, you, your sister, and your mother are not necessarily the first to take the first step, and who inherits whom, and the written promise you made has no legal effect.

You don't have to do anything. It's just that you have to think about it, the note you wrote didn't have the date written on it, and if you wrote it, it would be fine. If you don't write it, it will be more troublesome for someone else to write a date after your mother's death on it in the future, although handwriting identification can help, but it is too troublesome.

Legal Provisions: Inheritance Law Article 25 After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance before the estate is disposed of. If there is no indication, it shall be deemed to have accepted the inheritance.

The legatee shall, within two months after becoming aware of the bequest, make an expression of acceptance or renunciation of the bequest. If it is not indicated at the expiration date, it shall be deemed to have waived the bequest. Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China 49 The expression of intent of the heir to renounce the inheritance shall be made after the commencement of the inheritance and before the division of the estate.

After the division of the estate, it is no longer the right of inheritance that is relinquished, but the right of ownership.

If the heir does not renounce the inheritance in writing, the inheritance is accepted. Because the method of renunciation of inheritance stipulated by law is that after the commencement of inheritance, if the heir renounces the inheritance, he shall make a written expression of renunciation of the inheritance before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

[Legal basis] quietly answeredArticle 1124 of the Civil Code.

After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

The legatee shall, within 60 days after becoming aware of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

Legal analysis: If the heir does not express in writing that he has renounced the inheritance, he will inherit the inheritance as if he is a grandson. Because the method of renunciation of inheritance stipulated by law is that after the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

Legal basis: Civil Code

Article 1124:Where the heirs renounce their inheritance after the inheritance has begun, they shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication of slag, it shall be deemed to have accepted the inheritance.

The legatee shall, within 60 days after knowing that he has received the bequest, make an indication that Kai Mao accepts or renounces the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest. Note: The Civil Code came into force on January 1, 2021.

If the heir wants to restore the right of inheritance after giving up the right to inherit the royal trouble, and the other heirs express their consent, the people's court shall make a new determination based on the reasons for restoration put forward by the heir who has renounced the right of inheritance, and the people's court can determine that it can be restored. If the estate has been divided, it cannot be inherited.

[Legal basis].

Article 1124 of the Civil Code of the People's Republic of China provides that if the heir renounces the inheritance after the commencement of the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have given up the gift of the bereaved child.

After the commencement of inheritance, the heirs who enjoy the right of inheritance must make an expression of intent to renounce the inheritance before the disposition of the estate, otherwise it will be regarded as inheritance. Before the commencement of inheritance, the law does not restrict whether the heirs can expressly renounce possible inheritance interests through an agreement.

Article 1124 of the Civil Code: If the heir renounces the inheritance after the commencement of the inheritance, he shall make an expression of renunciation of the inheritance in writing before the disposition of the inheritance; If there is no indication, it shall be deemed to have accepted the inheritance.

Article 35 of the Interpretation (I) of the Supreme People's Court on the Application of the Succession Part of the Civil Code of the People's Republic of China.

The expression of intent of the heir to renounce the inheritance shall be made after the commencement of the inheritance and before the division of the estate. After the division of the estate, it is no longer the right of inheritance that is relinquished, but the right of ownership.

1. Can I claim inheritance if I regret it after giving up my inheritance right?

In practice, if the heir renounces the right of inheritance and then repents, whether he or she can participate in the inheritance again can be based on the following practices:

1. Before the estate is disposed of, the court will decide whether the inheritance can be restored.

Because the estate has not been distributed before the estate is processed, it is still too late to request the restoration of the inheritance at this time, but after all, it is the heir's own improper practice, so it will be subject to other restrictions.

That is, the court can make a judgment based on the reasons for reinstatement of inheritance put forward by the abstening party, so as to decide whether it can continue to participate in the division of the estate. Therefore, whether the inheritance can be restored is not absolute.

2. After the estate is disposed of, the heirs will no longer have the right to divide the estate.

According to the above provisions, once the estate is disposed of, the estate has been divided, and if others want to divide it again, it will take a lot of effort, and it will be extremely unfair to the other heirs who have not waived.

Therefore, if the estate is divided after the disposition of the estate, the right to inherit will no longer be enjoyed.

Finally, although it is an individual right to renounce inheritance, once a right is renounced, it is difficult to say that it is re-owned. Therefore, if you decide to give up your inheritance, it is best to think carefully before making a decision. If you give up your inheritance because you have been deceived by other heirs, or because you have been threatened by others, then it is recommended that you actively go to court to sue to protect your rights.

Legal analysis: After the commencement of inheritance, if the heir renounces the inheritance, he or she shall make an expression of renunciation of the inheritance in writing before the estate is disposed of. It can be seen that the heirs should pay attention to the following issues if they want to give up the inheritance:

1.Renunciation of inheritance must be made after the commencement of inheritance and before the division of the estate. 2.

Renunciation of inheritance must be express. 3. Renunciation of inheritance should be made by the heirs themselves, and cannot be made by the first person. 4.

Renunciation of inheritance is unconditional. That is, the inheritance that should be inherited is renounced without remorse. 5.

The effect of the renunciation of the right of inheritance is retroactive to the time when the inheritance began.

Legal basis: Article 1124 of the Civil Code of the People's Republic of China If the heir renounces the inheritance after the inheritance has commenced, he or she shall make an expression of renunciation of the inheritance in writing before the disposition of the inheritance; If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after becoming aware of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.