Cathy, reader of Capitaladdresses the following question: “Hello, I’m Pacsée and the car is on behalf of my partner. In the event of death, to whom does this vehicle come back? Is it automatically to the surviving partner or not? ”
Hello Cathy, and thank you for your question, which allows us to return to an essential point of successions in the event of PACS: contrary to what one might think, the surviving partner does not automatically become the property of his deceased spouse.
The PACS partner has no automatic rights on the vehicle
As Thomas Prud’homoz, Associate notary of the KL Consulting study recalls, “The vehicle belongs entirely to the one whose name appears on the gray card, unless proven otherwise». In other words, even if you live together under the PACS regime, this does not give you any direct right on the vehicle in the event of death of your partner … unless the latter took care to organize his succession.
Indeed, the PACS partner is not one of the so -called “reserved” heirs. He therefore does not benefit from any legal right to inherit, unlike a married spouse. However, “Your partner can bequeath the vehicle he owns”specifies the notary. And it is a good tax in terms of tax level: PACS partners are indeed exempt from inheritance tax. Inheriting the vehicle will therefore cost you nothing, provided that this provision appears well in the will.
In the absence of a will, the car will return to the legal heirs of your partner, like his children, his parents or his brothers and sisters. The fact of being PACS therefore does not protect you without written provisions. Finally, useful clarification: if you have signed a PACS under the joint possession regime (and not from the separation of goods, the default regime), you could only claim half of the vehicle if you have contributed to its purchase and if this is proven. “Insofar as you are already undivided owner of the other half”, specifies Thomas Prud’homoz.
