Without this document, partners are not protected and are excluded from the estate. Here are the people concerned.
Many couples neglect the idea of doing a will, often because they think it is not necessary. At the time, they do not feel concerned or assume that their goods will automatically return to their partner in the event of death. Others postpone the approach, deeming it a little gloomy. Sometimes it is also a ignorance of the rules of succession that slows down. However, a will is essential to ensure that everyone’s wishes are respected and avoid possible family conflicts. M’OLIVIER PONTNAU, Associated notary at ACT & Notaries in Paris, is formal on the subject: “Some couples have every interest in making a will as soon as they can”he explained to us.
These are unmarried couples, “Those in cohabitation and those who are PACS”. In the eyes of the law and more specifically of the civil code, unmarried couples are treated as singles, even people who are PACS and who have children together. A direct consequence, in the event of a succession, the partner has no rights on the inheritance of his deceased spouse. He is not protected either, for example, if the partner lived in the accommodation which was the property of the deceased spouse, he has no choice but to leave him. “Concubinage does not offer any protection at the level of the couple. In the event of death, the heritage will therefore go to children, brothers and sisters, parents, cousins … to everyone except the person who shares life of the deceased spouse “, underlines the expert on his tiktok @ accountOlivier.pontnau_notary.
Thus, doing a will when you are in cohabitation or PACS allows you to transmit rights to the partner. “You can protect your partner in different ways, depending on the result you want to obtain”specifies the notary. In the event of death, the partner may obtain a share of the heritage, which is necessarily distributed with the children if there are or with the near or enlarged family.
In addition, it is important to remember that the will can always be modified or canceled at any time. Nothing is engraved in the marble of the moment when you change your mind. For example, if you are in torque, you can include automatic piloting in your will which cancels the document in the event of separation. Anyway, it is better to get closer to a notary to know precisely the possible options.