Fortunately, most estates are settled without conflict. In some situations, however, it is better to go to court if there is any doubt about the honesty of one of the heirs or the validity of the deceased's will. Stéphanie SWIKLINSKI, a qualified notary, warns us about certain situations.
Do you have to accept an inheritance?
Money falls from the sky and you could refuse? It's possible, because inheriting is not necessarily a windfall. The principle is that "no one is obliged to accept an inheritance." As an heir, you have several options:
- accept the succession outright,
- renounce the succession
- or accept it with the benefit of inventory.
You have a minimum of 4 months from the date the succession is opened to make up your mind. After the 10-year limitation period, you are deemed to have renounced the estate. To renounce an estate, you don't need to justify yourself. All you need to do is send a declaration of renunciation to the Tribunal de Grande Instance in the place where the estate was opened, or do so before your notary. Depending on their relationship with the deceased, some people may prefer to renounce the succession. In this case, it's not a question of money but rather a matter of principle. It is also possible to accept the estate, but only up to the amount of the net assets. If you are concerned that the liabilities far exceed the assets, this is a wise precaution! To do this, you need to file a declaration with the clerk's office of the TGI and draw up a notarized inventory of the deceased's assets.
Can a will be contested?
Even if the deceased has complete freedom to draw up his or her last wishes as he or she sees fit, the heirs retain the right to contest the will and even oppose its execution. The testator must be of sound mind at the time of drafting the will. This is one of the essential conditions for the validity ofa will, whether holographic or authentic. If there is any doubt, proof of insanity of mind must be provided by the contesting heir or heirs. Several elements can support this claim for nullity: testimonies, medical records, inconsistencies in the body of the will... These elements are sometimes difficult to assemble. A holograph will (handwritten by the testator) is easier to contest than an authentic (notarized) will. As the latter must be drawn up in the presence of two notaries, or one notary and two witnesses, it seems difficult to contest. But it's always possible!
What is concealment of inheritance?
Concealment of inheritance should not be confused with the notion of "captation d'héritage". The latter involves fraudulent manoeuvres by a third party who is not an heir - it could be a malicious neighbor, or a friend who doesn't mean you any harm - to take advantage of a person's vulnerability (due to age, illness or other factors) to appropriate part of the future estate.
Concealment, on the other hand, presupposes the combination of two elements :
- a material element, such as the concealment or falsification of a holographic will,
- and an intentional element, i.e. the desire to deprive the other heirs of part of what is theirs.
If one of the heirs suspects another of receiving stolen property, he must of course provide proof. In case of doubt, it is advisable to ask your notary to draw up an inventory when the succession is opened. If all the evidence is gathered, the receiver may be deprived of his or her option to inherit and of the misappropriated assets. In addition, he/she will have to pay damages to the other heirs. In the most serious cases, he could be convicted of theft, fraud, etc.
Stéphanie Swiklinski