Without this document, the partners are not protected and are excluded from the inheritance. Here are the people involved.
Many couples neglect the idea of making a will, often because they think it is not necessary. At the time, they do not feel concerned or assume that their property will automatically revert to their partner in the event of death. Others reject the approach, considering it a little gloomy. Sometimes, it is also a lack of knowledge of the rules of succession that slows things down. However, a will is essential to ensure that everyone’s wishes are respected and avoid potential family conflicts. M’Olivier Pontnau, associate notary at Act&Notaires in Paris, is categorical 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 in civil partnerships”. In the eyes of the law and more specifically the Civil Code, unmarried couples are treated as single people, even people who are in a civil partnership and who have children together. As a direct consequence, in the event of inheritance, the partner has no right to the inheritance of his deceased spouse. It is also not protected, for example, if the partner lived in the accommodation which was the property of the deceased spouse, he has no other choice but to leave it. “Cohabitation does not offer any protection at the couple level. In the event of death, the assets will therefore go to the children, brothers and sisters, parents, cousins… to everyone except the person who shares the life of the deceased spouse”, underlines the expert on his Tiktok account @olivier.pontnau_notaire.
Thus, making a will when you are in a cohabitation or civil partnership allows you to transmit rights to your partner. “You can protect your partner in different ways, depending on the outcome you want to achieve”specifies the notary. In the event of death, the partner will be able to obtain a share of the assets, which must be distributed with the children if there are any or with the close or extended family.
Furthermore, it is important to remember that the will can always be modified or canceled at any time. Nothing is set in stone the moment you change your mind. For example, if you are a couple, you can include an automatic pilot in your will that cancels the document in the event of separation. In any case, it is better to contact a notary to find out precisely the possible options.
