Donation: The will-sharing
Any person can distribute his property among his heirs that they receive at the time of his death. It is a testament sharing. On the form, it is a testament. On the merits, it is sharing.
The Will-sharing is used to distribute all the assets of the testator (the person making the will). This heritage includes goods already existing and those to come.
Example: a father, a widower, has four children. By Will-sharing, he said that the eldest, who is entitled to a quarter of the estate, will receive particular goods under him.
The potluck will not change the rules of devolution by law (rights granted by law to the heirs according to their relationship with the deceased).
To balance the different batches, the testator (the one who writes the will) can put cash payments at the expense of some beneficiaries. The balance is the sum of money payable by one who has the opportunity of sharing, has received a lot of a higher value than that to which he is entitled at the opening of the succession.
The potluck will meet the same requirements as a classic testament.
- It can be handwritten (no particular formality), genuine (deed) or mystical (written by the testator, then deposited with a notary). It is the testator who chooses the form;
- It does not take effect until the death of the person who made the will;
- It can be modified or canceled at any time.
Good to know: A will-sharing can not be established jointly by two people, even spouses.
The potluck will be recorded at the request of the heirs, at the latest recording of the deed of partition of the estate.
The lifetime of the testator, the will-sharing has no effect (like a classic testament). The act is also revocable at any time by him.
The death of the testator, the heirs collect an instantly divided succession, under the conditions provided for by the will-sharing.
However, there is a distribution and not a provision of the goods.
The recipient who did not receive a equal batch to his share of reserve will be able to thus exert the action in reduction, with the High Court to reduce the amount of donations granted by the testator.
Good to know: If the will-sharing has not distributed any property of the deceased, a supplementary sharing takes place among the heirs.