Saturday, January 19, 2019

"The testament, often indispensable, must be completed by other devices"

While the ACAP system aligns with the marriage system, there are still some important differences, particularly with respect to succession.

By Valérie Bentz Posted today at 06:00

Time to Reading 1 min.

"Without special provisions, the pacsés are subjected to the regime of the separation of goods. "
"Without special provisions, the pacsés are subjected to the regime of the separation of goods. »Alain Le Bot / Photononstop

Question to an expert

Should we accompany PACS with a will?

Like marriage, the Civil Solidarity Pact (PACS) is a form of civil union. It aims to contractualize a partnership between two major people. The ACAP system is aligned with the marriage regime by, for example, establishing reciprocal obligations under the mutual assistance duty, the joint declaration of income tax. It also gives rights, such as to benefit from the compulsory pension plan of his partner.

Read also "The partners of a PACS are not eligible for reversion"

However, there are still some important differences, particularly in terms of succession. Without any particular provision, the peasants are subject to the system of separation of property, less protective than that of spouses subject to the regime of the community reduced to acquests. Another important point, in case of death, the pacsés partners will not be heirs to each other. They will have no right either to the deceased partner's estate, or to the survivor's pension.

Read also Pacs, marriage, concubinage: a protection with variable geometry

To protect themselves, the partners of a PACS can set up a will in order to transmit each other's heritage. Like spouses, they will not pay death duties between them. However, in the presence of child (ren), the will should not disempower him or her, at the risk of reducing or even creating a conflict between the heirs. The will is therefore often indispensable, but must be supplemented by other measures, such as, for example, the implementation of retirement savings solutions within the couple or life insurance contracts.

Valérie Bentz (Responsible for Heritage Studies UFF)

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