Although the principle of universal succession also applies in French law, an additional title is required in order to exercise the rights and obligations associated with the inheritance. There is the possibility of taking possession of the estate, delivery to the heirs or legatees and a court order for possession.
What types of testamentary dispositions does French law recognise?
According to Art. 969 of the Civil Code, the testator has the option of making a will either in person, by notary or in secret form. Non-compliance with the formal requirements for this leads to the absolute nullity of the will in accordance with Art. 1001 of the Civil Code.
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The handwritten will
If the testator decides to draw up a will by hand, the testator must write and sign it in full by hand in accordance with the formal requirements of Art. 970 of the Civil Code. The testator must also date the will.
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Notarised will
If the testator wishes to draw up a notarised will, this must be notarised by two notaries or by one notary and in the presence of two independent witnesses, Art. 971 Code civil. The will must then be read aloud and signed by all those present. Family members of the testator, the beneficiaries of the will, the notary or the scribe may not be named as witnesses. This also applies to the naming of persons related by marriage or marriage to the aforementioned persons.
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The secret will
The secret will is less important in practice. The testator can write and sign a will in their own hand and then hand it over to the notary in a closed and sealed envelope in the presence of two witnesses.
What substantive provisions can the testator make?
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Universal legacy
By way of a universal legacy, the testator can bequeath the entire estate (limited by the respective reserved portion) to one or more persons, Art. 1006 of the Civil Code. If there are heirs, the legatee must have the property transferred to them by means of a public will. However, if the legatee has been appointed legatee by a handwritten or secret will, he or she must have the property transferred to him or her by the court. According to Art. 785, 1009 of the Civil Code, the universal legatee has unlimited liability for estate liabilities in proportion to his share of the estate.
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Inheritance legacy
The testator can also bequeath a share of the estate. In this case, the testator instructs that only a fraction of his or her assets or movable or immovable property be bequeathed. In contrast to the universal legacy, the legatee has no prospect of acquiring the entire estate.
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Heirloom legacy
The testator can also donate only one or more specific items of the estate. It does not matter what fraction of the entire estate these make up. In order to be able to exercise his rights, the legatee must deliver the object, even if the legatee is already in possession of the object, Art. 1024 of the Civil Code.