Figures

Définitions :

Inheritance

­Generally speaking, "heir" refers to any person who has inheritance entitlement. Any means may be used to prove status as heir, particularly by producing a statutory declaration.

• Forced heirs: the descendants; in the absence of descendants, the ascendants; in the absence of descendants and ascendants, the surviving spouse. • Sole heir: an heir entitled to the entire estate.
• Part heir: an heir entitled to a share in the overall estate.
• Heirs of lower rank: heirs further down the scale who are preceded by those first in line and who only inherit if the latter waive their inheritance entitlement.
• Eligible heirs: heirs who have not yet taken a decision as to how to dispose of their inheritance.
• Heir presumptive: a person who, on the day of a deed of gift for example and if the donor were to die on this date, would be the legal heir. Children are therefore the presumptive heirs of their parents. In the absence of children, they are the collaterals. A grandson is not the heir presumptive of his paternal grandfather if, on the day of the deed, his father is alive and has not waived his inheritance entitlement. ­

Instrument

A written document establishing an agreement between one or more people. There is a distinction between: ­ ­

• Private instruments: instruments that co-contractors establish by their signature alone but which can easily be disputed because each party can deny having signed them.

• Authentic instrument: instruments drawn up and recorded by a person with public authority. The persons include the administrative authorities (ministers, prefects, mayors), legal authorities, registrars, public officers such as court officials, clerks of the court and notaires. The prerogatives of authentic instruments mean they are outside the scope of ordinary law. They are authentic in themselves (probative value) and may be executed without legal recognition (enforceability). In the field of private instruments, the notarised instrument is the main authentic instrument.­

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Secondary office

­An office dependent on a main office located in another commune. ­

Total

­­The total used to calculate the reserved portion and disposable portion should not be confused with either the total estate or the total to be divided up. In addition to existing property, the total includes all the property the deceased gave as gifts. On the other hand, the total estate only covers the property assigned due to death and therefore only includes donated property that has to be returned to the estate. The total that can be divided up is more restricted because it only includes property assigned due to death, less any property donated individually.