To take possession of property by will, you may have to request their issuance. It is a legal operation established by a notarial act, allowing the heir to his property.
Principle of issuance of legacy
The right of the legatee (the person who receives a bequest) opens to the death of the testator (one who makes the will). Then there is transfer of ownership. Legatee collect the deceased’s estate, under a law of succession will. But how to get the property bequeathed by will?
- If the legatee is seized directly (this is the case for the universal legatee in the absence of heirs), it is put in possession by the mere fact of the death of the testator;
- If that person is not entered, it shall request the issuance of his legacy to the heirs.
Who should seek issuance of legacy and to whom?
The formalities of issuance vary according to the type of will and the quality of the legatee.
There exist various qualities of legatee:
- The residuary legatee: it receives a portion or part of the property of the testator;
- The particular legatee: it does not inherit under the law, but has a legacy on one or more assets with fixed or determinable;
- The universal legatee: it receives all the property, rights and actions that the testator leaves to his death.
The residuary legatee and the particular legatee are never seized by right.
They should have checked their title and request the issuance of their legacy:
- The heirs;
- Otherwise, the universal legatee;
- Failing that, to the legal heirs.
As to the universal legatee, situation varies depending on the presence of heirs (descendants, the surviving spouse):
- When there are heirs, universal legatees must request the issuance;
- When there is no heir, the universal legatee must seek vesting of his legacy if the will is not authentic (that is to say, not made by deed). This is to check title by presenting the judge ensures that legislative rules are met and shall not affect the heirship.
Good to know: The heirs and legatees are also the surviving spouse does not need to request the issuance of their legacy.
Conditions for issuing legacy
The legatee must request the issuance successors. This request can be amicably. It is then easily put in possession of the legatee.
In the presence of several heirs, the issue must be requested from each of its share (percentage share in the distribution of the estate).
Good to know: If the heirs refuse to issue the bequest, the legatee can turn to justice. It must address the high court of the place of opening succession.