Question 12717 — donations and inheritances

Summary

Ms. Sandrine Lalanne draws the attention of the Keeper of the Seals, Minister of Justice, to the impossibility for guardians to anticipate the succession of an adult placed under guardianship when the latter is permanently unable to express a free and informed will. Article 476 of the Civil Code provides that a person under guardianship can only draw up his will alone, after the opening of the measure, with the authorization of the judge or of the family council if it has been constituted, under penalty of nullity. The tutor cannot assist or represent her on this occasion. This principle aims to guarantee testamentary freedom, but it hinders any organization of succession when the protected person is no longer able to make his or her wishes known. This situation raises many difficulties, particularly when wishes were expressed before the loss of discernment or that the absence of a will risks unbalancing the transmission of assets. It also deprives guardians, often parents, of the possibility of ensuring that the inheritance transmitted to their protected child does not revert, upon their death, to distant heirs, rather than to close caregivers or associations who were close to them. In this context, she wishes to know how the Government plans to adapt the current law in order to allow, under the supervision of the judge, supervised participation of the guardian in the organization of the succession, when the protected person is permanently unable to draw up his or her will.

Machine translation from French. The official text remains authoritative.

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