We hear more about the receiving of stolen goods than the receiving of inheritances. And yet it does exist, when an heir dishonestly seeks to obtain a larger share of an inheritance than he or she is legally entitled to.
Two conditions for concealment
There really is no legal definition of concealment of inheritance. However, all specialists and the literature are unanimous in saying that two elements must be present:
- a material element (destruction or concealment of a holographic will, concealment of property forming part of the estate, failure to mention a debt owed to the deceased, etc.),
- an intentional element, i.e. the will to deprive the other heirs of part of what is theirs.
Not to be confused with "captation d'héritage
Inheritance theft (or misappropriation of an inheritance) involves fraudulent maneuvers by a non-heir third party (neighbor, friend, household helper, etc.) to take advantage of the vulnerability of the heir....) to take advantage of a person's vulnerability (age, illness, psychological weakness...) to appropriate all or part of their future estate. Various means are used to achieve this: misuse of a bank power of attorney, misappropriation of cash, taking out life insurance, etc.
Solutions to prevent inheritance fraud
To avoid inheritance fraud, your best ally is your notary. As soon as an estate is opened, the heirs should ask for an inventory of the estate to be drawn up. This document is drawn up by a notary, possibly with the assistance of an auctioneer, and includes a list and item-by-item estimate of the deceased's personal property. It is also possible to apply to the district court to have the deceased's property sealed.
If an heir suspects or discovers concealment of inheritance, he or she must mention this when the estate is divided, and provide evidence to back up his or her claims. The Tribunal de Grande Instance of the place where the estate was opened will rule on the alleged concealment, based on the evidence provided and the existence of intent to harm the other heirs.
What are the penalties?
The heir to the estate incurs several types of sanction:
- they will no longer be able to renounce or accept the estate up to the amount of the assets. In plain language, this means that the deceiver loses his or her right ofsuccession option, and is deemed to have accepted the estate purely and simply. If the estate has debts, he or she is obliged to pay them.
- he is deprived of the assets he has embezzled. In the case of a sum of money, the fence must also pay interest at the legal rate from the date of misappropriation. In the case of material goods, the receiver must return them in the condition in which they were at the time of the owner's death.
- The other heirs can also lodge a complaint for theft, breach of trust or weakness, fraud, etc.
A right to repentance
A fault confessed may be forgiven. Receivers may escape punishment if they voluntarily return the misappropriated assets. But this does not work in all cases. This step must be spontaneous and taken before the heirs discover the misappropriation and take legal action.
Marie-Christine Ménoire