Issuance of bequests: definition, forms, effects and payment

Issuance of bequests: definition and characteristics

The legatees, that is to say the beneficiaries of a legacy or will, must request authorization from certain heirs in order to be able to take possession of this legacy.

Thus, a universal legatee, that is to say to whom the testator has wished to transmit all of his property upon his death, must ask the heirs to have his legacy delivered.

The universal legatee, that is to say the one who is intended to receive a quota of the movable and / or immovable property of the deceased, must request the delivery of these specific property to the heirs who are the beneficiaries, or failing this to the legatees. universal and other heirs in the order of succession.

The particular legatee may receive the bequeathed property on the day of the testator’s death, but after having also requested its delivery to the heirs who are reserved, or, failing this, to the universal legatees or to the heirs in the order of succession.

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Different forms of issuance of bequests

The issue of legacies can be amicable. Without any particular formalism, this delivery of bequests is simply recorded by a writing (an act) or by a verbal agreement. This is often the case when the legatee has already taken possession of the bequeathed property, without the heirs of the deceased making the slightest opposition.

The issue of bequests can also be judicial. In this case, it is requested in court by a summons filed at the registry of the judicial court, with the compulsory assistance of a lawyer. The request is addressed to all the heirs who have been reserved as well. However, even legally issued, the legacy may then be the subject of an action for reclamation by the heirs who are the beneficiaries of the succession, if it exceeds the available portion.

Issuance of legacies: procedure

For movable property, the issue of bequests can be made amicably, by writing a simple writing, which must however be dated and signed by all the parties involved.

In matters of real estate, however, it is recommended to appeal to the notary so that an authentic act formalizes the issuance of bequests. Indeed, in the latter case, a transfer of property having to take place, the notary is the only one empowered to formalize it, holding the monopoly of land registration.

In the event of refusal to issue the legacy (s), it is the judicial judge who will be responsible for settling the inheritance dispute.

All costs inherent in the delivery of legacies (drafting of deeds, inventories, legal proceedings if applicable, etc.) are the responsibility of the estate.

Issuance of bequests: effects

The legatee has the right to the fruits and revenues of the property bequeathed by the deceased. But it is only at the time of payment that the legatee will receive full ownership of his property. In fact, as long as the delivery of a legacy has not been acquired, the inheritance heritage remains the virtual property of the heirs who are reserved.

Before the delivery of the bequest, the legatee can neither receive the fruits nor the income of his bequeathed good, and cannot have the use of it (neither usus nor fructus).

The delivery of the legacy does not make the legatee owner of the legacy since in fact it is from the death of the settlor. The issue of bequests puts the legatee in possession of the bequeathed property, allowing him to use and administer it freely. However, let us remember, as long as the succession is not settled, the legatee is not the full owner of his bequest: in the meantime, he has the same rights over his property as a co-owner, in competition with the reserved heirs.

Issuance of bequests: payment

The payment of the bequest consists in the attribution of the bequeathed property to the beneficiary legatee. The payment of the legacy occurs after the division of the succession, and gives the legatee full ownership of his legacy, with the attributes that compose it. He can now enjoy his bequest, manage it, administer it, and alienate it if necessary. Until this partition, the legatee cannot claim the divided and personal enjoyment of the goods he has received by will.