INHERITANCE LAW

Any heir can obtain a certificate of inheritance from any notary or from the civil court of peace. Where there is a will or a foreign element, the certificate must be requested from the civil court of peace.

An inheritance is disclaimed by a declaration to the civil court of peace within three months of the heir learning of the death. If the deceased was clearly or officially insolvent at the date of death, the inheritance is deemed disclaimed; an action for deemed disclaimer can be filed to have this established.

Descendants, parents and the surviving spouse have a reserved portion protected by law. An heir whose reserved portion has been infringed may file an abatement action within one year of learning of it and in any event within ten years of the opening of the will or of the succession.

It is where the deceased, to deprive other heirs, records a property that was in fact given away as a sale at the land registry. In that case the heirs may file an action for cancellation and re-registration of title; this action is not subject to any time limit.

A will can be made in official form before a notary with two witnesses, entirely in the testator’s own handwriting with date and signature, or orally in exceptional circumstances such as imminent danger of death. Failure to comply with the formal rules can lead to the will being annulled.

If the heirs cannot conclude a written division agreement, a partition action is brought. Applying to a mediator before filing is mandatory; if a property cannot be physically divided, it is sold and the proceeds are shared.