Succession: “Is the notary obliged to communicate a will to all parties?”

A reader wonders about the notary’s obligations regarding the communication of a will in the context of an inheritance.

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A reader of Capital, Jean-Louis, asked us the following question: “Our first cousin has just died, his will has been taken to the notary by family members. We assume it is not in our favor. Must the notary communicate a copy of the will to all parties, is he obliged to do so? FYI, there is no direct heir. Thank you in advance for your response.”

Hello Jean-Louis, and thank you for your question, which allows us to clarify the role of the notary and his obligations in terms of communication in an inheritance. Before dividing the estate, “the latter’s mission is to identify and inform all the heirs and legatees of the deceased of the existence of a will”confirms Thomas Prud’Homoz, associate notary of the KL Conseil firm.

No obligation to communicate if you are not mentioned in the will

First of all, it is necessary to distinguish between these two categories of beneficiaries in an inheritance: reserved heirs and universal legatees. The reserved heirs are the direct descendants, such as the children or grandchildren of the deceased, or, in their absence, the surviving spouse. These people benefit from a minimum share of the estate, called the hereditary reserve, which the deceased cannot withdraw from them by will. In your situation, since there are no direct heirs, there is no hereditary reserve. Universal legatees, for their part, are designated by will to receive all or part of the assets. They can thus be advantaged to the detriment of other members of the family, such as collaterals (cousins, uncles or aunts).

So, in your case, Jean-Louis, “if you are neither a universal legatee nor a reserved heir, the notary has no communication obligation towards you”, indicates Thomas Prud’Homoz. However, “if you were a potential heir in the absence of a will, you can ask to consult it to, in particular, verify its validity”notes the notary. This may be an option if you suspect an error, fraud or abuse in the drafting of the will. In the event that the notary refuses to send you information, a lawyer or a specialized notary will be able to assist you to assert your request.

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