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Successions and wills

Will: liquidation of the family patrimony

The heirs are entitled to receive the deceased’s patrimony, that is, all his property and rights less the payment of debts and the attribution of particular legacies. Before assets can be determined, the marriage or civil union effects of the deceased must be taken into consideration.

Death results in the liquidation of the family patrimony. The matrimonial or civil union regimes of community of property and partnership of acquests must also be liquidated. The other particular protective measures offered by law to the surviving spouse, such as the compensatory allowance, the claim for support and certain preferential allocations, must be taken into account. Marriage or civil union has a considerable impact on the composition of the deceased’s patrimony. Only an expert is in a position to correctly determine the respective rights and obligations of former spouses or civil union partners when one of them dies. Failure to consult a notary can have importunate consequences.