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Writing a will

Last Updated on Monday, 13 June 2011 06:36 Written by Administrator Monday, 13 June 2011 06:06

In principle, the freedom of those who wrote his will (the "testator") is not complete because the law provided a minimum share of the estate to certain heirs if they are called to the estate and if they accept
This is the offspring or if none, the surviving spouse. In the presence of the heirs, so it is possible to pass a portion of its assets (the disposable portion) and impossible, without exception, fully to disinherit his heirs

In the absence of will or gift between spouses, the estate of a deceased person is transferred in full ownership to their heirs as designated by the Civil Code

The board of a notary to the testator can translate his wishes in writing accurate, reflect donations and wills have already occurred.

Important: any will may be revoked at any time by a subsequent will. If the dismissal is on "all previous provisions," it calls into question not only wills but also gifts between spouses prior

Here are some examples of what a will can contain:

The allocation of assets to certain people:

• - Bequest to one or more person (s) of all of its property by the testator ("universal legacy"), the sole heir, if he accepts the legacy is liable for the debts of the estate;
• - Bequest to one or more of a share of the property ("legacy by general title" for example, the legacy of half of my goods ...) if he accepts the bequest, the legatee general title is given the proportion of debt which has been transmitted;
• - Legacy of one or more specified property to a person or persons ("legacy by particular title" for example, the legacy of my dresser in the Louis XVI salon ...). The legatee by particular title is not liable for the debts. A will can specify that particular legacy is net of all fees and estate taxes, in which case they are borne by the heirs or legatees by.

Bequests to conditions and obligations:
It is possible to match the legacy of certain charges and conditions when they are not contrary to law, morality and public order (for example, indicate that the legatee should take care of the burial the deceased or to pay an annuity to such person).
If the charges and conditions are not met by a legatee, he may be deprived of his legacy.
Example: inalienability clause which prohibits the legatee to resell the property bequeathed. It is valid if it is temporary and justified by a serious and legitimate. However, the legatee may ask the court permission to sell when the need justifies.

The appointment of an executor:
The role of executor involves ensuring or to execute the testator's wishes (eg to organize his funeral, to ensure the delivery of legacy or compliance with specifications and conditions of the will, or to act Justice if necessary). His appointment is not always useful, especially if there are heirs or legatee

The recognition of an illegitimate child:
The will must be established as authentic. This recognition can be done when the child is conceived, that is to say, even before his birth. It remains secret until the testator's death.

The appointment of a guardian:
Each parent may, separately and in case he dies last, expressing the wish that a family member or loved one receives minor children or incapacitated adults, takes care and manages their assets.

The designation of beneficiaries of death benefits under life insurance:
The designation of a beneficiary of life insurance by will has several advantages.
The testator retains the ability to edit until his death on behalf of the beneficiary
In addition, if the will is deposited with a notary or established by it, it will be published in the central file of the provisions of last will. Thus, any lawyer can find the beneficiary clause and inform the person (s) designated (s).
The law of 15 December 2005 "on various measures of adaptation to Community law in the insurance field" moreover improved the information of the subscriber of a life insurance policy about including procedures for designating beneficiaries. And contracts must specify that the subscriber may designate the beneficiary in the contract or by subsequent endorsement by private deed or by deed and may modify the clause when it is more appropriate.

The legacy of residuo
It is a testamentary disposition by which a person designates a legatee who will receive his legacy only if (s) offer (s) is (are) still in the heritage of the person to whom it was bequeathed in the first place, the date of death of the first legatee.
Indeed, the first bestowed no obligation to retain the bequeathed property. He can sell it or give it to the person of his choice (unless otherwise specified in the deed of gift). However, it can not leave the property itself by will.
The second beneficiary is deemed to receive (s) offer (s) directly from the testator, which is of interest tax (gift tax between the testator and the second beneficiary).
The first and second beneficiaries are relatives of the testator or not. This particular method of transmission allows in particular to parents of disabled children to anticipate the transmission of the heritage of these in as they leave no child and / or spouse at death.