YOUR MINOR CHILD AS HEIR
Unfortunately, it may happen that a child loses one or even both parents at a young age. The child is then the legal heir of that parent. It may also be that the child is called to an estate by will of, for example, grandparents or an aunt. Because the child is a minor and also incapable of acting, it deserves extra protection especially in our complex inheritance law. I explain here in outline how this is regulated.
The legal representative
A child is incapacitated and therefore does not manage its own assets. His legal representatives do, and these are usually the parents. They are (usually) jointly entrusted with parental authority. If the custody is no longer provided, there is a guardian. In this contribution I assume that the parents are both still there and that they exercise custody. Thus they also have custody of their child's assets, which we will call Frank here. His godmother Lies has passed away. She was a wealthy single and childless woman and she named six-year-old Frank the sole heir in a will.
Accept inheritance?
When someone is called to an estate, the first question is: are we going to accept or reject? When accepting, there are two options: pure or beneficiary. Accepting pure means that you are liable for the debts of the estate with your entire assets (including any equity you already had!). So it can be quite risky to just accept pure. That is why there is the option of beneficent acceptance, or in other words, acceptance under the privilege of inventory. First things first.
The law states that the legal representative of the minor actually has only one choice: benefit acceptance. Pure acceptance on behalf of a minor is simply not possible. Rejection is, but with the authorization of the district judge. And the judge usually only grants this authorization when it is obvious that the estate contains nothing but misery and debts. So Frank's parents accept beneficiairy.
The settlement of the estate
Beneficial acceptance, under the law, means that the estate must be liquidated. We have two figures: the heavy liquidation, where the court appoints a liquidator, or the light liquidation where the heirs liquidate themselves. In many cases, a light liquidation is sufficient. Even if a beneficiary has been accepted, liquidation is not always required. An exception occurs in our case. The estate was accepted on behalf of Frank by his legal representatives (his parents) on a beneficent basis and Aunt Lies was so wealthy that it was established in advance that the balance of her estate was more than positive. The parents can now go to the district judge and ask the judge to relieve them of the obligation to liquidate.
Death of one of the child's parents
Another situation arises when one of Frank's parents dies suddenly. Assuming there is no will, the legal distribution applies. This is because there is a surviving spouse and a child. The estate now goes to the surviving parent and Frank gets a non-exigible claim against the surviving parent. That situation is described in the contribution "legal distribution."
Another situation. Albert is married to Bertha; they have no children. After his death, he turns out to have a child with his mistress Claire, our minor Frank. Albert has acknowledged Frank. So Frank lives with his mother Claire and Albert dies. In his will, he names his wife Bertha as heir. According to the law, Albert has a maintenance obligation to his son Frank. That goes without saying. But so now Albert has passed away and Claire is not an heir. In that situation, Claire, as Frank's legal representative, can claim "the lump sum." This sum of money serves to cover the costs of Frank's upbringing and care. How much that is again depends on the circumstances. Claire submits this claim to Bertha; after all, she is the heir. That claim must be made within nine months of death, and if it requires proceedings (for example, because Bertha disagrees), it must be brought no later than one year after death. The lump sum can be up to half of the estate and is not payable in the first six months after death.
In addition, as Albert's child, Frank is entitled to the legitimate portion; he is a legitimee. Claire can claim the legitimate portion on his behalf against Bertha (the heir). I have written a separate post about the legitimate portion.
The matter of "minor and inheritance law" is very complex. Most legal provisions, for the protection of the child, are mandatory in nature. Mistakes are easily made. Don't gamble, but feel free to call me to make an appointment.
The legal representative
A child is incapacitated and therefore does not manage its own assets. His legal representatives do, and these are usually the parents. They are (usually) jointly entrusted with parental authority. If the custody is no longer provided, there is a guardian. In this contribution I assume that the parents are both still there and that they exercise custody. Thus they also have custody of their child's assets, which we will call Frank here. His godmother Lies has passed away. She was a wealthy single and childless woman and she named six-year-old Frank the sole heir in a will.
Accept inheritance?
When someone is called to an estate, the first question is: are we going to accept or reject? When accepting, there are two options: pure or beneficiary. Accepting pure means that you are liable for the debts of the estate with your entire assets (including any equity you already had!). So it can be quite risky to just accept pure. That is why there is the option of beneficent acceptance, or in other words, acceptance under the privilege of inventory. First things first.
The law states that the legal representative of the minor actually has only one choice: benefit acceptance. Pure acceptance on behalf of a minor is simply not possible. Rejection is, but with the authorization of the district judge. And the judge usually only grants this authorization when it is obvious that the estate contains nothing but misery and debts. So Frank's parents accept beneficiairy.
The settlement of the estate
Beneficial acceptance, under the law, means that the estate must be liquidated. We have two figures: the heavy liquidation, where the court appoints a liquidator, or the light liquidation where the heirs liquidate themselves. In many cases, a light liquidation is sufficient. Even if a beneficiary has been accepted, liquidation is not always required. An exception occurs in our case. The estate was accepted on behalf of Frank by his legal representatives (his parents) on a beneficent basis and Aunt Lies was so wealthy that it was established in advance that the balance of her estate was more than positive. The parents can now go to the district judge and ask the judge to relieve them of the obligation to liquidate.
Death of one of the child's parents
Another situation arises when one of Frank's parents dies suddenly. Assuming there is no will, the legal distribution applies. This is because there is a surviving spouse and a child. The estate now goes to the surviving parent and Frank gets a non-exigible claim against the surviving parent. That situation is described in the contribution "legal distribution."
Another situation. Albert is married to Bertha; they have no children. After his death, he turns out to have a child with his mistress Claire, our minor Frank. Albert has acknowledged Frank. So Frank lives with his mother Claire and Albert dies. In his will, he names his wife Bertha as heir. According to the law, Albert has a maintenance obligation to his son Frank. That goes without saying. But so now Albert has passed away and Claire is not an heir. In that situation, Claire, as Frank's legal representative, can claim "the lump sum." This sum of money serves to cover the costs of Frank's upbringing and care. How much that is again depends on the circumstances. Claire submits this claim to Bertha; after all, she is the heir. That claim must be made within nine months of death, and if it requires proceedings (for example, because Bertha disagrees), it must be brought no later than one year after death. The lump sum can be up to half of the estate and is not payable in the first six months after death.
In addition, as Albert's child, Frank is entitled to the legitimate portion; he is a legitimee. Claire can claim the legitimate portion on his behalf against Bertha (the heir). I have written a separate post about the legitimate portion.
The matter of "minor and inheritance law" is very complex. Most legal provisions, for the protection of the child, are mandatory in nature. Mistakes are easily made. Don't gamble, but feel free to call me to make an appointment.