Succession: “Despite the will, the notary is looking for other heirs. For what ?”

In the “Great Savings Rendez-vous” (Capital / Radio Patrimoine), Nathalie Couzigou-Suhas, notary in Paris, responds to an auditor who wonders about the steps of a notary as part of the will of his aunt.

Capital video: Is it normal for the notary to seek the heirs despite a will?

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Each month, the “big savings meeting” (capital / radio heritage) answers your questions in the “your questions, our answers” sequence. Our experts – notaries, tax -owned, specialists in transmission – support you on all your issues related to your assets, whether inheritance, donations or taxation. Today, Nathalie Couzigou-Suhas responds to Christine, whose aunt has appointed her mother as the beneficiary of all her accounts in a will. However, the notary responsible for the succession continues to seek possible heirs.

It is not surprising for our expert: “Yes, that’s normal. As notaries, we are often faced with situations where the will is difficult to implement, although the person has written him in good faith. This happens in particular when the testator did not consult a professional for writing. ” In this specific case, “This lady probably said that most of her heritage was her investments and furniture, and therefore wished to bequeath her accounts to her sister, and her furniture to an association. Now in law, these are particular legacies: we must therefore seek the legal heirs, up to the sixth degree, so that they authorize the issuance of these legacies ”, specifies Nathalie Couzigou-Suhas.

Consult a notary to ensure that his latest wishes are respected

A more precise formulation would have made it possible to avoid this situation. “”A more suitable writing of the will would have been: “I institute as universal legatee my sister, with the mission of transmitting my furniture to such an association.” The devil is hidden in detail, and a good writing avoids many blockages. Do not hesitate to consult a notary upstream! ”, Assène Nathalie Couzigou-Suhas.

In addition, our guest recalls that the recording of a will in a study with its registration in the central file is an inexpensive approach: “There writing and recording a will cost around 70 to 80 euros. This ensures its preservation and prevent it from falling into bad hands. Above all, this guarantees that it can be found by any notary during the estate ”pleads Nathalie Couzigou-Suhas.

In conclusion, although Christine’s mother was appointed as beneficiary in the will, the notary has the obligation to seek the legal heirs to allow the execution of the legacy. To avoid this type of situation, it is recommended to call on a notary when writing a will.

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