Good insurers often ask this question to force us to think about the need to foresee the worst (accident, illness) or the inevitable to act and anticipate our succession. Several possibilities are then available to us to act on. The will is one of them, but what happens in succession without a will? This question concerns most people because even today, 9 out of 10 inheritances are made without a will.
What Does The Law Say Without A Will?
In the absence of provisions the deceased provides to organize his succession, the civil code defines the rules. The law establishes the list of heirs in a hierarchical manner. Thus the children are “reserved heirs,” meaning that part of the deceased’s estate is reserved for them.
Succession Without A Will: The Case Of Married Couples
In the case of a surviving spouse or dad died without a will, these laws vary according to the presence of other heirs and, if applicable, the type of marriage contract. If the deceased had children, the surviving spouse has an invariable right to the accommodation he occupied with his spouse, free for one year and life if he so requests. It is also possible that the deceased had no children or spouse. In this case, his estate is divided between his brothers and sisters and his parents.
The surviving spouse is, therefore, partially protected in the event of death, even in the absence of a will. It is not the same for the partner of PACS and the cohabitants, who inherit nothing if the deceased had not made his arrangements through a will.
Succession Without A Will: The Specific Case Of The PACS
In the case of the PACS, the division of property upon the death of a PACS partner depends on the existence of a PACS agreement and its content, if applicable. If the partners have not signed a PACS agreement or have opted for the simplified PACS agreement, then the PACS is subject to the legal regime of separation of property. On the death of one of the partners, the other recovers his property, and that of the deceased partner is shared according to his family situation and respecting the rules of succession provided for by law.
The regime is joint ownership in the event of subscription to an arranged PACS agreement. Assets acquired after the PACS, therefore, belong equally to both partners. Upon the death of one of the partners, the surviving partner holds the property jointly with the deceased partner’s heirs.
Succession Without A Will: The Specific Case Of Cohabitation
At the level of the law, cohabitants are strangers to each other; it follows that in the presence of an estate without a will, the surviving cohabitant inherits nothing from his deceased companion. Upon the death of his companion, the surviving partner holds the rights to the property that belongs to him; the other property is shared according to the family situation of the deceased and respects the rules of succession provided for by law. The will read by the lawyer like Barr & Young Attorneys for example makes it possible to create this indispensable legal bond.
