Who has not heard of these brothers and sisters who are torn apart after the death of their parents? Or a friend who ended up inheriting from a distant uncle. Inheritance, will, notary… Your ruthless universe! In fact, many received ideas circulate on this subject, but do not rely on them. Making a will is easy and inexpensive. Here are some elements that will surely change your mind, especially if you want everything to go well.
Writing a will is a procedure that can be scary for many people. Here is everything you need to know about it.
Why is it important to make a will?
Preparing for the legacy of your life
With the death of a person, the question about the transfer of his property instantly arises. In this type of situation, it is customary to refer to the will. This document defines who inherits what. To this end, the law has long guaranteed equality between all beneficiaries: no birthright. The testament is an act by which a person makes public his last will and, in particular, everything related to the distribution of assets. Organizing this transmission is also rendering a last service to his heirs. Caught in the spiral of mourning, they will not have to worry about succession rules or resort to legal procedures to assert their rights..
Who can inherit in this case?
Anyone you designate. However, the rule is that in all inheritance rights, a part called hereditary reserve, goes directly to the heirs: the descendants (children, grandchildren and their descendants) as well as the surviving spouse. Thus, if the deceased has only one child, he will benefit from half of the inheritance, for two children the hereditary reserve will amount to 2/3, and for three or more children it will amount to 3/4. In addition, and when the deceased leaves only one surviving spouse, without children, this becomes mandatory and can collect 1/4 of the inheritance. In addition to the hereditary reserve, he can freely transfer his patrimony to whoever he wishes, person or association.
The will: two ways of proceeding
The first – a simple text written by your hand, which is commonly called “holographic”. It must clearly include the identity, date and signature of its author.. It’s very simple. It can be modified at any time. Of course, you must respect the principle of hereditary reserve. However, it is necessary to indicate its presence to prevent it from being altered or destroyed. Finally, know that it is quite possible to dispute its veracity.
The second, the “authentic” will. It is an act carried out before a notary and two witnesses or even two notaries. These can help when writing it. Please note that the document is signed in the presence of witnesses and is kept in the notary’s office.
What happens to property when a person dies?
There are two classes of property: real estate and personal property, both can be transferred. Therefore, you must carry out an appraisal of all your assets, either by yourself or with the help of a notary. In any case, this is only an estimate. Only the balance established by the notary will count after death. However, pets are personal property in the same way as jewelry or trinkets. You can pass them on to one of your forced heirs or to a third party.
What about the debts?
An inheritance can also include debts. The informed heirs of the deceased must pay it. In any case, know that if the part of the debts is substantial, then it is possible to give up the inheritance. To do this, the process is simple: the heir only needs to register a written and duly informed statement in the registry of the Court of First Instance of the last domicile of the deceased. This process is free.
The cost of a will
The costs are not free and respect a regulated rate. For a holographic will deposited before a notary, it will cost you 52.82 euros excluding VAT, including opening and description costs, as well as those related to custody before death. For an authentic will, its cost will be €113.19 without VAT, which corresponds to the drafting costs.
As you can see, writing a will is still within everyone’s reach. Now in possession of the most important information, you may decide to take the plunge.
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