Delivery of a legacy under French law

Depending on the nature of the legacy and the presence or absence of reserved heirs, the beneficiary may be required to request delivery of the legacy in order to obtain effective enjoyment of it. This article sets out the rules governing the delivery of a legacy, the distinctions between the different categories of beneficiaries and the applicable time limits.

The different categories of beneficiaries

Legal basis

Article 1002 of the French Civil Code distinguishes three categories of beneficiaries:

• the universal legatee, to whom the testator bequeaths the whole of their estate,
• the legatee by universal title, to whom the testator bequeaths a share of the assets they are entitled to dispose of,
• the specific legatee, who receives one or more identified assets.
• This distinction determines the conditions under which the legacy is delivered.

Delivery of a legacy in the presence of reserved heirs

Obligation to request delivery

Pursuant to Article 1006 of the French Civil Code, where a reserved heir exists, the universal legatee must request delivery of the legacy.

Forms of delivery

The request for delivery and the delivery itself are not subject to any specific formal requirements. Delivery may be:

• amicable, expressly or tacitly, in particular where the beneficiary is placed in possession of the asset with the knowledge of the reserved heir and without any objection on their part,
• judicial, where amicable delivery is refused.

In the event of refusal, the beneficiary must bring the matter before the court of the place where the succession is opened in order to obtain judicial delivery of the legacy. This solution has been confirmed by case law, notably by decisions of 18 November 1966 and 10 May 2006.

Delivery of a legacy in the absence of reserved heirs

Automatic vesting of the universal legatee

In the absence of reserved heirs, the universal legatee is vested by operation of law by the sole effect of the testator's death. In such a case, they are not required to request delivery of the legacy.

Case of a beneficiary who is also an heir

A beneficiary who also has the status of heir is never required to request delivery of the legacy, as clarified by the Court of Cassation in a decision of 20 March 1984.

Delivery of legacies by universal title and specific legacies

Obligation to request delivery

A legatee by universal title and a specific legatee must request delivery of their legacy:

• primarily from the reserved heirs,
• failing which, from the universal legatees,
• failing which, from the other heirs.

This order determines the validity of the transfer of possession of the bequeathed asset.

Time limit for bringing an action for delivery of a legacy

Limitation period

An action for delivery of a legacy is subject to the ordinary limitation period provided for in Article 2224 of the French Civil Code. This period is five years from the death of the testator.

Effects of limitation

Once the limitation period has expired, the beneficiary:

• can no longer claim the legacy,
• can no longer claim the income generated by the bequeathed asset,
• is deprived of ownership of the asset concerned.

These principles have been reaffirmed by the Court of Cassation, notably in decisions of 21 June 2023 and 23 October 2024.

Issues in international successions

In successions involving a foreign element, in particular where assets are located abroad, the French rules governing the delivery of a legacy must be coordinated with:

• the civil law applicable to the succession,
• the rules governing recognition and enforcement of inheritance rights abroad.

A prior analysis is required in order to secure the beneficiary's rights.

For further information

To explore issues relating to wills and legacies in an international context, you may consult the following pages:

• Inheritance in Spain
• Inheritance tax in Spain