Nobody should leave this world without a will, hammer in chorus the media across the Atlantic these last few days, after the disappearance of Prince leaving behind him millions of dollars. Press review.
Prince died without leaving a will. This is what was said by his sister and, effectively, no document has yet surfaced. In addition to-Atlantic, the case unworthy the media, especially journalists specializing in personal finance, who are pleading with literally their readers not to follow the example of the singer !
As Kurt Cobain and Jimi Hendrix
“have Pity, do not leave this world as a Prince,” says the columnist québec Stéphanie Grammond on LaPresse.ca. “Don’t leave your loved ones without a will as the deceased singer of Purple Rain. His sister and her six half-brothers and sisters – including one out of nowhere – will probably have to fight for years for a share of his estate of several hundred million.”
“Don’t let such a thing happen to you”, starts from his side Forbes.com. For the site “Money” in the american magazine Time, “if there is one thing to learn here is that everyone should do his will and testament, and that it is never too early”. And it is “also important for ordinary people than for multi-millionaires,” adds CNBC.com in an article entitled “don’t Do as Prince”. CNBC, which cites elsewhere, in images, ten other “super stars” of the music died without a will – Amy Winehouse, Kurt Cobain, Jimi Hendrix…
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The rules in France, without a will
let us Recall the main rules that apply in France in the absence of a will and special provision (like the donation to the last living between the spouses).
– The deceased had neither children nor spouse(s) ? If both parents are alive, they inherit half of the property, the brothers and sisters of the other half. If only one parent is alive, he inherits a quarter, and siblings of the remaining three quarters. Without brothers and sisters, the entire estate passes to the parents.
– The deceased had no child but was married ? the surviving spouse receives the entirety of its property (excluding property of the family). Except if his parents are alive : in this case, the surviving spouse receives one-half, parents the other half (a quarter if there is a parent).
– The deceased had any children ? They inherit all, except the share of the potential surviving spouse. What is this part ? If the deceased had children with the surviving spouse, the latter has the choice between the usufruct of the entire estate or full ownership of one quarter of the estate. If the deceased leaves children from another union, the surviving spouse inherits one-quarter of the estate in full ownership.
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– The deceased was a partner or common-law union ? His partner does not inherit in the absence of a will.
A will allows you to choose your beneficiaries, but to a certain extent : it is necessary to respect the minimum share provided by the law, “heirs”, that you can exclude from your estate. These are the descendants, or in their absence the surviving spouse.