Wills according to different matrimonial regimes
1- Wills between spouses
The deceased may make a will to bequeath part or all of their estate to their spouse, in addition to the rights already acquired by being the surviving spouse.
While the establishment of a will by the deceased is of no use for spouses married under the regime of universal community, it may be useful when the spouses are married under the other regimes.
a- Spouses married under the regime of community of acquests
The deceased may favor their spouse in order to bequeath all or part of their own patrimony and/or all or part of their community share.
b- Spouses married under the regime of universal community
If the spouses have included a full attribution clause in their marriage contract, there is no need for a will concerning the other spouse.
Otherwise, the deceased may favor their spouse in order to bequeath all or part of their own patrimony and/or all or part of their community share.
c- Spouses married under the regime of separation of property
The deceased may favor their spouse in order to bequeath all or part of their own patrimony and/or all or part of their share of the property held in joint possession by the spouses.
d- Spouses married under the regime of joint ownership of property (participation aux acquêts)
The deceased may favour their spouse in order to bequeath all or part of their own patrimony and/or all or part of their share of the property held in joint possession by the spouses.
2- Wills from a third party to one of the spouses
When a spouse receives a will from a third party, the consequences are different depending on the matrimonial regime chosen by the spouses.
a- Spouses married under the regime of community of acquests
A property that has been received through a will (as for donations) does not enter the community and remains the legatee’s own property.
The income from these assets received by will is, on the other hand, common.
If this property is used to improve the community (for example: payment of a sum of money into an account belonging to the community), the spouse who owns this property will be entitled to a reward from the community when the matrimonial regime is liquidated.
b- Spouses married under the regime of universal community
Unless the marriage contract contains a clause to the contrary that excludes certain assets from the community, all assets collected by the spouses during the marriage are included in the community.
Thus, property inherited through a will by one of the spouses becomes common property.
c- Spouses married under the regime of separation of property
The spouses’ assets are separate.
If one of the spouses received a property by will, it will remain their own property.
d- Spouses married under the regime of joint ownership of property (participation aux acquêts)
Property received by will by a spouse married under the regime of participation aux acquêts will be part of their original estate.
There will therefore be no impact on the participation claim, unless the bequeathed property has increased or decreased in value.
3- Wills of a spouse to another family member or to a third party
The deceased is free to bequeath all or part of their estate to another family member or to a third party
In the presence of children, this type of bequest can have the effect of excluding the surviving spouse.
Indeed, the surviving spouse only benefits from a hereditary reserve in the absence of children.
The deceased can only bequeath the common or undivided property up to their share.
For spouses married under the regime of universal community, the deceased will not be able to establish a will towards another member of the family or a third party if a clause of full allotment was inserted in the marriage contract.
Our lawyers are at your disposal to answer all your questions and to advise you. Our meetings can be held in person or by videoconference. You can make an appointment directly online at www.agn-avocats.com.
AGN AVOCATS – Inheritance Department
09 72 34 24 72
