Thierry, reader of Capitaladdresses the following question: “Hello, my mother is 86 years old. She owns her apartment and a car. We are two living brothers, and there is also the only daughter of my deceased brother. In the absence of a will, how is the succession going, and above all, who returns the car? ”
Hello Thierry, and thank you for your question. It makes it possible to return to the inheritance rules which apply in the absence of a will, in particular for movable property, such as a vehicle. As Thomas Prud’homoz, associate notary at KL Conseil, reminds us “The heirs are determined by law. Unless otherwise tested, in the absence of a surviving spouse and in the presence of descendants, the latter collect the entire inheritance heritage ”.
The vehicle will be held collectively by the three heirs
In your case, your mother leaves three children, one of whom died. With what is called inheritance representation, “Your niece will collect the hereditary part of his predeceased father in his place and place”specifies the notary. Result: the apartment, car and all of your mother’s property will be shared equally between you, your living brother and your niece, at the rate of a third party each.
Regarding the car specifically, it is an integral part of the succession, in the same way as the other property of your mother. Since you will be three heirs, this vehicle will be the subject of joint ownership (it becomes a so -called “undivided” good): it will therefore be collectively detained by you three. One of you will of course become the only owner, but this will require the agreement of other heirs, and to pay them financial compensation (Soulte). In summary, without will, your mother’s car will come back to you, your brother and your niece in equal parts. Sharing must then be made between you.
