Under an inheritance agreement, the testator names the counterparty or a third party as an heir, devisee or legatee, and the other party accepts this.
Under an inheritance agreement, the testator names the counterparty or a third party as an heir, devisee or legatee, and the other party accepts this. An inheritance agreement must be drawn up as an authentic instrument (i.e. a notarial deed).
An inheritance agreement may be entered into by an adult testator who has full legal capacity. Parties may enter into an inheritance agreement and amend a commitment under that agreement only in person.
It is not possible to dispose of the entire estate under an inheritance agreement. A quarter of the estate must remain vacant so that the testator can dispose of it in accordance with their separately expressed wishes. If the testator wishes to leave the contractual heir that quarter as well, they may do so by making a will.
An inheritance agreement does not prevent the testator from disposing of their assets as they choose while they are still alive. However, if the testator makes a will or enters into a contract of gift in a way that is incompatible with the agreement as to succession, the contractual heir may invoke the nullity of those legal acts. Unless otherwise agreed, the party named as the heir cannot transfer their right to another person.
The testator may also cancel their obligations under an inheritance agreement by making a will. For the cancellation to be effective, the contractual heir must consent to this in the form of an authentic instrument (i.e. notarial deed).