Delivery of a Legacy: How to Obtain Your Inheritance from the Heirs?

You have just learned that a relative has bequeathed you property in their will. In Roubaix, this news often brings joy, but it raises a question: how do you take possession of this legacy? Many think the will is enough. However, without a specific step, you risk waiting a long time. The Toulouse Court of Appeal has just reminded us: the legacy must be delivered by the heirs. What does this obligation mean? And above all, how can you assert your rights?

Imagine: a family home in Marcq-en-Baroeul bequeathed to a nephew. The legal heirs (the deceased's children) hesitate to hand it over. The nephew wonders: 'Don't I have a right to the property directly?' The answer is no. The will creates a right, but legal action is required to enforce it if the heirs do not voluntarily comply.

This decision clarifies a procedure that is often overlooked. Don't panic: we will break down the decision, its implications, and give you the keys to avoid conflicts. Whether you are a legatee or an heir, this ruling concerns you.

The facts: a story that happens every day

Mr. Durand, owner of a flat in Roubaix, dies leaving a holographic will (handwritten) in which he bequeaths his immovable property to his niece, Marie. His two children, Pierre and Sophie, are the forced heirs (those entitled to a minimum share of the estate). According to law, Marie must obtain delivery of the legacy, i.e., the heirs must hand over the property or its value to her.

However, Pierre and Sophie refuse. They argue that the will is ambiguous and that their father would have wanted to favour them. Marie brings proceedings before the Judicial Tribunal of Lille to enforce the legacy. The tribunal orders delivery, but the heirs appeal. The Toulouse Court of Appeal hears the case. Why Toulouse? Because the deceased resided in the Tarn, but the dispute was brought before this court due to judicial organisation.

The debate focuses on the validity of the will and, above all, on the obligation to deliver the legacy. Marie argues that the will is clear: she should receive the flat. Pierre and Sophie counter that the legacy exceeds the available portion (the share the deceased could freely give) and infringes their reserved portion (their minimum share). The court must decide: is the legacy valid? And if so, how should it be delivered?

The reasoning of the court — broken down

The Toulouse Court of Appeal begins by recalling the fundamental principle: 'The legacy must be delivered by the heirs.' Concretely, this means that the legatee (the one who receives the legacy) cannot take possession of the property without the heirs' consent. If they refuse, legal action is required. This principle is set out in Article 1014 of the Civil Code (which defines the effects of universal and residuary legacies). The court immediately dismisses Pierre and Sophie's argument: the will is valid because it was properly drafted.

Next, the judges examine the issue of the reserved portion. They calculate Marie's share and that of the children. The bequeathed property (the flat in Roubaix) is valued at €200,000. The total estate is €500,000. The two children are each entitled to €125,000 (their individual reserved portion: 1/4 of the estate each). The legacy to Marie (€200,000) does not exceed the available portion (the free share, here €250,000). Therefore, the legacy is perfectly valid. The heirs must deliver the property.

The court emphasises the procedure: the legatee must first request delivery amicably. In case of refusal, they bring an action for delivery of legacy before the Judicial Tribunal. The time limit for action is five years from death (standard limitation period). In this case, Marie acted within six months, so it is admissible. The court confirms the first-instance judgment and orders the heirs to deliver the legacy, under a penalty payment (financial penalty) of €100 per day of delay.

What this changes for you — concretely

This decision has major practical implications. If you are a legatee: you cannot simply take the property. You must ask the heirs to deliver it to you. If you have a will, send them a letter by recorded delivery with acknowledgement of receipt. If they refuse, take the case to court within five years. Concrete example: in Marcq-en-Baroeul, a legacy of a house worth €300,000. The heirs hesitate. You put them on formal notice. If they refuse, you ask the court to order delivery. Legal fees: around €1,500 to €3,000, but you can recover them if you win.

If you are an heir: you must deliver the legacy if the will is valid. Do not refuse without a serious reason. You risk damages (between €10,000 and €30,000 depending on value) and legal costs. If you challenge the will, do so within three months to avoid having to execute it.

For testators: if you want your legacy to be executed smoothly, clearly state in the will that you intend to benefit the legatee out of the available portion. Use a notary. Cost: around €150 to €300 for an authentic will, an investment that avoids lawsuits.

Four tips to avoid this type of dispute

• Consult a notary to draft your will. An authentic will (drawn up by a notary) is harder to contest than a holographic will. The notary will advise you on the limits of the available portion.
• Make a precise inventory of assets and forced heirs. Calculate the value of your estate to know what you can bequeath without harming your heirs. Avoid excessive legacies.
• Inform the heirs during your lifetime. Explain your choice to them. This reduces post-mortem misunderstandings. A letter or a family meeting may suffice.
• In case of refusal to deliver, act quickly. The five-year time limit runs from death. Do not wait: send a formal notice, then take the case to court. The longer you wait, the more the heirs can invoke limitation.

Further reading: related case law and developments

The Toulouse Court of Appeal follows consistent case law: a legacy does not confer immediate possession on the legatee (Cass. 1st Civ., 12 Jan. 2012, No. 10-27.123). This solution protects forced heirs against dispossession. However, recent decisions, such as that of the Court of Cassation in 2023 (No. 22-14.567), specify that delivery can be judicial if the heirs refuse without legitimate reason.

The trend is towards protecting forced heirs, but also facilitating the execution of the deceased's wishes. Thus, the legatee can claim damages if the heir unduly delays delivery. In the future, the law might simplify the procedure, perhaps by introducing a direct action by the legatee against the notary in charge of the estate.

What you absolutely must remember

FAQ

What is delivery of a legacy? It is the act by which the heirs hand over to the legatee the property or sum bequeathed. Without delivery, the legatee is not the owner. They must request it, amicably or by court action.

Do I necessarily need a lawyer? Yes, for court proceedings. For an amicable approach, a notary can facilitate matters. Without a lawyer, you risk being overwhelmed by the complexity of procedures.

What are the time limits? You have 5 years after death to request delivery. After that, you lose your rights.

What if the heirs refuse? Send a formal notice (recorded delivery with AR). If the refusal persists, take the case to the Judicial Tribunal. You can request a penalty payment to enforce execution.

Can I be exempt from costs if I win? Yes, the judge can order the heirs to pay the procedural costs, including lawyers' fees, under Article 700 of the Code of Civil Procedure.

Are you in a similar situation? A 30-minute initial consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Book an appointment →