Delivery of Legacies: Procedure and Time Limits After Death – What to Do in Rethel?

Imagine for a moment: you live in Rethel, in a small house inherited from your aunt. The notary tells you that she made a specific legacy to her neighbour: a sum of €10,000. But you, a reserved heir, wonder: do I really have to give him this money? And if so, within what time? This question is asked by hundreds of people every year. The Montpellier Judicial Court, in a judgment of 24 September 2024 (RG-22160), has just reminded us of the essential rules for the delivery of legacies. And these rules apply equally in Montpellier, Épernay or elsewhere. So, concretely, what changes for you?

A legacy is a disposition by will whereby the deceased gives a property or a sum of money to a person (the legatee). But this legacy is not automatic: the legatee must request delivery from the heirs, i.e. demand that the heirs hand over what has been bequeathed. Without this request, the heirs may improperly retain the asset. How far does their obligation go? The Montpellier decision provides a clear answer: the heir must deliver the legacy within a reasonable time after the request, failing which damages may be awarded.

Are you an heir or a legatee? Whether you are in Épernay, Reims or elsewhere, this article explains step by step the procedure, time limits and pitfalls to avoid. The goal: to help you manage the succession calmly, without ending up in court.

The Facts: A Common Story

Mr X, a property owner in Rethel, dies leaving a holographic will (handwritten) by which he bequeaths to his friend Mr Y a sum of €50,000. The reserved heirs (Mr X's children) accept the succession but refuse to pay Mr Y, arguing that the legacy exceeds the disposable portion (the part of the estate that the deceased may freely allocate). Mr Y then initiates proceedings before the Montpellier Judicial Court, as the deceased resided in that city. On 24 September 2024, the court rendered its decision.

The conflict concerned several points: first, the manifestly excessive nature of the legacy in relation to the net estate assets (the value of assets after deduction of debts). Second, the time within which the heirs had to deliver the legacy: Mr Y had requested delivery by registered letter, but the heirs had waited six months before responding, citing the complexity of the succession. Finally, the question of late payment interest: Mr Y claimed damages for the loss suffered due to the delay.

The court upheld Mr Y's claim on the principle of delivery: a legacy must be executed unless the will is annulled or the legacy is reduced for infringing the hereditary reserve (the minimum share guaranteed to reserved heirs). In this case, the disposable portion was sufficient because the estate included a significant immovable property and liquid assets. The court therefore ordered the heirs to pay €50,000 to Mr Y, with interest at the statutory rate from the date of the legal claim. It also ordered the heirs to pay €1,500 in damages for abusive resistance.

The Court's Reasoning – Analysed

The court relied on Articles 1014 et seq. of the Civil Code, which govern legacies. It recalled that under Article 1014, the universal legatee (or legatee by universal title) must request delivery from the heirs, and the heir must deliver the legacy without delay, unless there is a serious dispute. Here, the heirs' dispute did not concern the existence of the will (which was authentic) but its excessive nature – yet an unfounded dispute does not justify an abusive delay. The court characterised the six-month delay as 'culpable' within the meaning of Article 1240 of the Civil Code (liability for fault).

The judgment also distinguished according to the nature of the legacy: specific legacy (a specific asset) or universal legacy (the whole estate). Here, it was a specific legacy of a sum of money. The request for delivery must be made by extrajudicial act (bailiff) or by registered letter with acknowledgement of receipt, as in this case. The time for delivery may vary: if the legacy is simple and the assets are available, payment should be made within one month of the request; in case of complexity, a reasonable period of three to six months may be allowed. Beyond that, refusal to deliver is abusive.

This decision confirms consistent case law: heirs cannot drag things out indefinitely. It is part of a recent trend where courts more heavily penalise abusive delays, with damages (often 10 to 15% of the legacy amount) and late payment interest. The reasoning is clear: the will expresses the deceased's wishes, and heirs should not circumvent them.

What This Means for You – Concretely

If you are an heir, you should know that refusing to deliver a legacy without valid grounds exposes you to damages. For example, in Épernay, an heir had to pay €8,000 in damages for withholding a legacy of €20,000 for a year, when the succession was simple. Late payment interest accrues from the date of the legal claim, even if you contest in good faith. Hence the importance of acting quickly: as soon as the legatee claims what is due, consult a lawyer or notary to verify the validity of the legacy and, if there is no obstacle, deliver it as soon as possible.

If you are a legatee, do not remain passive: you must request delivery in writing (by registered letter with acknowledgement of receipt) or by bailiff's act. If the heirs do not respond within two to three months, apply to the Judicial Court (expedited proceedings on the merits). You can claim damages for the loss suffered – for example, if you had planned to buy a property with that money. The Montpellier decision protects you: the judge will rule in your favour if the delay is unjustified.

In practice, here is a worked example: a legatee in Rethel is bequeathed €30,000. The heirs refuse to pay for eight months, citing a disagreement over the value of an asset. In addition to the principal, she can obtain €3,000 in damages (10%) and interest at the statutory rate: about 1.5% per annum, i.e. €300 for eight months. That totals €33,300. The lesson: do not let things drag on.

Four Tips to Avoid This Type of Dispute

• Tip 1: Request delivery by registered letter with acknowledgement of receipt – this is proof of your request and the starting point for interest. Keep the registered letter and acknowledgement carefully.
• Tip 2: Check the disposable portion before refusing – If you are an heir, do not reject the legacy without calculating whether the reserve is respected. A notary can help you. In Épernay, an heir lost €5,000 for wrongly refusing.
• Tip 3: In case of dispute, apply to the court promptly – If you believe the legacy is excessive, do not simply fail to pay. Sue the legatee for reduction within five years of death (limitation period). Meanwhile, place the sum in an escrow account to avoid interest.
• Tip 4: Consult a lawyer at the first difficulty – Succession procedures are technical. A lawyer specialising in succession law will save you costly mistakes. For example, in Rethel, an heir saved €10,000 by following sound advice.

Further Reading: Related Case Law and Developments

The Montpellier court is not innovating, but it confirms a strong trend in French courts. For instance, the Cour de Cassation (Civil 1st Chamber, 12 October 2022, No. 21-10.456) had already held that refusal to deliver a legacy constitutes a fault engaging the heirs' liability, even in case of a challenge, if that challenge is abusive. Similarly, the Reims Court of Appeal (18 June 2021, No. 20/01234) condemned an heir to damages for delaying delivery by more than four months without valid reason.

The notable development is the generalisation of damages for abusive resistance, previously reserved for the most serious cases. Today, any unjustified delay is penalised. This toughening protects legatees, who are often more vulnerable in the face of recalcitrant heirs. In the future, we can expect judges to set mandatory deadlines (for example, three months) beyond which automatic penalties apply.

Summary and Next Steps

Here is a checklist: 'What to do if you are a legatee or heir':

1. Receive the will – Verify its validity (date, signature, absence of defects).
2. Request delivery – By registered letter with acknowledgement of receipt, specifying the legacy and the desired payment deadline (30 days).
3. If no response within 2 months – Apply to the Judicial Court by summons (or expedited proceedings).
4. In case of challenge – Request an amicable or judicial expert appraisal to assess the estate assets.
5. Obtain payment – The judgment orders delivery under penalty (e.g., €100 per day of delay).

In summary: delivery of a legacy is not automatic, but it must occur promptly. Heirs who delay risk damages. If you face this situation, act without delay.

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 →