Where at the death of the testator there are no heirs to whom a share of his property is reserved by law, the universal legatee shall be seised ipso jure by the death of the testator, without being obliged to request delivery.
All holographic or sealed wills shall, before being executed, be deposited with a notary. The will shall be opened if it is sealed. The civil law notary shall immediately draw up a report of the opening and condition of the will, specifying the circumstances of the deposit. In the case provided for in article 1006, the notary shall verify the conditions of the legatee’s seisin with regard to the universal…
The universal legatee, who is in concurrence with an heir to whom the law reserves a share of the property, shall be liable for the debts and charges of the testator’s succession, personally for his share and portion and hypothecarily for the whole; and he shall be liable to pay all legacies, except in the case of reduction, as explained in articles 926 and 927.
A legacy by universal title is one by which the testator bequeaths a share of the property which the law allows him to dispose of, such as one half, one third, or all his immovables, or all his furniture, or a fixed proportion of all his immovables or all his furniture. Any other legacy forms only a disposition by particular title.
The legatees by universal title shall be required to apply for delivery to the heirs to whom a share of the property is reserved by law; in their absence, to the universal legatees and, in their absence, to the heirs called in the order set out in the title “Of successions”. .
The legatee by universal title shall be liable, like the universal legatee, for the debts and charges of the testator’s succession, personally for his share and portion, and hypothecarily for the whole.
Where the testator has disposed of only a portion of the available portion, and has done so by universal title, such legatee shall be liable to pay the particular legacies by contribution with the natural heirs.
A pure and simple legacy will give the legatee, from the day of the testator’s death, a right to the thing bequeathed, a right transmissible to his heirs or successors in title. However, the legatee by particular title may only take possession of the thing bequeathed, or claim the fruits or interests thereof, from the day of his request for delivery, made in accordance with the order established by article…
The interest or fruits of the thing bequeathed shall accrue to the benefit of the legatee, from the day of death, and without his having made his claim in court: 1° Where the testator has expressly declared his will, in this respect, in the will; 2° Where a life annuity or pension has been bequeathed by way of maintenance.
The costs of the application for delivery shall be borne by the estate, without however resulting in any reduction of the legal reserve. Registration duties shall be payable by the legatee. All, if not otherwise ordered by the will. Each legacy may be registered separately, without such registration benefiting anyone other than the legatee or his successors in title.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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