Compiled from: Tianjin High Court, Jinnan Court
 
During the litigation process, the heir explicitly stated the renunciation of inheritance but later retracted during the trial. In such a case, can the heir regain the inheritance rights?

 
 

Case review
The plaintiffs Liu MouLan, Liu MouQin, and Liu MouHai are siblings of the defendant Liu MouRong. Liu MouJin passed away from illness on June 13, 2016. He was unmarried and had no children, leaving behind assets including a house, land compensation, and pension funds.
 
[1] According to the statements of the parties and the evidence, Liu Moujin could manage his daily life independently before his death, but he needed assistance in managing his finances and matters beyond daily routines. The care for Liu Moujin's special affairs during his lifetime was primarily handled by Liu Mourong and Liu Moulan, followed by Liu Mouqin and Liu Mouhai.
 
[2] Before the court session, the presiding judge questioned Liu Mouhai, who explicitly stated that he would not claim rights to the property in a certain residential community under Liu Moujin's name, and requested a proportional inheritance of Liu Moujin's other deposits and demolition compensation rights. The siblings, including the plaintiff and defendant, were aware of and accepted his decision to renounce the inheritance of the property.
 
[3] However, during the trial, Liu Mouhai again claimed the inheritance of the property, citing the reason that "Liu Mourong is unreasonable, too greedy, and unfair." The defendant, Liu Mourong, expressed disagreement with Liu Mouhai's retraction.
 
 
[1] Court Opinion
[4] Since this case occurred before the implementation of the Civil Code of the People's Republic of China, the corresponding legal provisions in effect at that time apply. According to the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China, if an heir retracts a renunciation of inheritance before the estate is disposed of or during litigation, the People's Court shall decide whether to recognize it based on the specific reasons provided.
 
[5] After the implementation of the Civil Code of the People's Republic of China in 2021, the Interpretation (I) of the Supreme People's Court on the Application of the Inheritance Part of the Civil Code of the People's Republic of China also contains the above provisions. This indicates that the court's recognition of an heir's retraction of a renunciation of inheritance should be based on specific and reasonable grounds, not arbitrary reasons allowing casual retraction.
 
[6] The court held that, upon review, the reasons for retraction provided by Liu Mouhai in this case did not comply with legal provisions, and the defendant also disagreed with his retraction. Therefore, Liu Mouhai's retraction of the renunciation of inheritance was not recognized.
 
 
[1] Interpretation (I) of the Supreme People's Court on the Application of the Inheritance Section of the Civil Code of the People's Republic of China 
[5] Article 35
[2] A statement of renunciation of inheritance by an heir shall be made after the commencement of inheritance and before the division of the estate. A renunciation made after the division of the estate is no longer a renunciation of the right of inheritance but of ownership. 
 
Article 36
[3] If an heir retracts the renunciation of inheritance before the estate is disposed of or during litigation, the people's court shall decide whether to recognize it based on the specific reasons put forward. If the heir retracts the renunciation after the estate is disposed of, it shall not be recognized.
 
 
[1] The author's perspective
[4] Although renouncing inheritance is a personal right of a citizen, one must think carefully before making a decision. Once the right is renounced, it is difficult to regain it, and the court is not a game; everyone must be responsible for their words. Therefore, if one decides to renounce inheritance, they must consider it thoroughly.
 
[5] Whether it is the "Supreme People's Court Opinions" before the promulgation of the Civil Code or the "Supreme People's Court Interpretation" after, it is clear that Chinese laws and regulations have explicit provisions on the timing of the expression of intent to renounce the right of inheritance. A renunciation made after the division of the estate is not a renunciation of the right of inheritance but of ownership. If one renounces and later regrets, reasonable grounds are required, as illustrated by this case. Therefore, do not speak rashly, as it may lead to irreparable regret.