Thuégaz Avocats
Inheritence Law
In the absence of a will, the succession is carried out according to the legal rules.
The date of the death of the person, his declared absence or his disappearance open the inheritance.
The estate goes to the surviving spouse and family members in an order established by the Civil Code. The surviving spouse is entitled to full or usufruct rights according to the members of the family with whom he is in competition.
He also has, in his capacity as a surviving spouse, a temporary right to housing occupancy used as principal house at the time of death and a right to life annuity housing.
The surviving spouse may claim , in case of need , ammonies that are due after succession.
At the opening of the succession, each heir has an option with 3 multiple choices. He/she can purely and simply accept the succession. It is then held to the liability of the estate beyond the value of the asset.
It may accept up to the net assets. It is held as a liability only within the limits of the estate assets.
Finally, he can give up the succession. It loses all its rights on the estate assets without being liable.
However, in the case of a will, the devolution will take place according to the testamentary dispositions without neglecting the rules of public order.