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Act Amending The Civil Code And The Code Of Rights Of Succession With Regard To The Discharge By Payment In The Framework Of A Succession And Putting A Certain Amount Available To The Spouse Or Cohabitant Legal Survivor

Original Language Title: Loi modifiant le Code civil et le Code des droits de succession en ce qui concerne le paiement libératoire effectué dans le cadre d'une succession et la mise d'un certain montant à la disposition du conjoint ou cohabitant légal survivant

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belgiquelex.be - Carrefour Bank of Legislation

28 JUNE 2009. - An Act to amend the Civil Code and the Code of Succession Rights with respect to the liberatory payment made in the course of a succession and the provision of a certain amount to the spouse or legal surviving cohabitant



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendment of the Civil Code
Art. 2. In the Civil Code, an article 1240ter is inserted as follows:
"Art. 1240ter. § 1er. Payment of assets deposited on a mutual or indivisible savings account or account, of which the deceased or the surviving spouse is a holder or co-owner or of which the surviving legal co-habitant is a co-titular, shall be freed if, after death and without any certificate or act referred to in 1240 bis, § 1er, or required, the debtor shall make available to the surviving spouse or legal cohabitant, upon request, an amount not exceeding half of the available credit balances or 5,000 euros, even if the surviving spouse or legal cohabitant has any right on the balance of the account.
§ 2. The amounts made available are taken into account in the liquidation of the common heritage, indivision or succession.
Successors, however, retain, in respect of the surviving spouse or legal cohabitant, a right of receivable, up to the amount that exceeds the quotity that returns to the spouse as part of the liquidation of the common heritage, indivision or succession.
§ 3. The surviving spouse or legal cohabitant cannot claim, pursuant to § 1er, that an amount of 5.000 euros maximum.
The debtor of assets deposited on a mutual or indivisable savings account or account, of which the deceased or the surviving spouse is a holder or co-owner or whose surviving legal co-habitant is a co-owner, shall draw the attention of the surviving spouse or co-habitant on that restriction, as well as the penalty provided in paragraph 3 for non-compliance.
The surviving spouse or legal cohabitant having, pursuant to § 1er, withdrawn an amount greater than half of the available credit balances or to 5.000 euros loses all share in the common heritage, indivision or succession, up to the sum taken beyond the amount of 5.000 euros.
The surviving spouse or legal cohabitant who loses any share under this paragraph is also deprived of the power to renounce the estate or to accept it under inventory benefit. He remains a pure and simple heir, notwithstanding his renunciation. "
CHAPTER 3. - Amendments to the Code of Succession Rights
Art. 3. Section 95 of the Code of Succession Rights, replaced by the Decree-Law of 4 May 1940, is supplemented by two paragraphs as follows:
"By derogation from paragraph 1er and before the bond provided by section 94 has been provided, the debtor of deposits on a mutual or indivisible account or savings account, of which the deceased or the surviving spouse is a holder or co-owner or of which the surviving legal co-habitant is a co-owner may make available, in accordance with the terms set out in section 1240ter of the Civil Code, an amount not exceeding half of the available euro balances or
The amount referred to in paragraph 3 shall be paid without prejudice to the payment of the privileged fees referred to in sections 19 and 20 of the Mortgage Act of 16 December 1851. "
Art. 4. Section 97 of the same Code, last amended by the Act of 2 May 2002, is supplemented by two paragraphs as follows:
"By derogation from paragraph 1er and prior to the remission of the list provided for in that paragraph, the debtor of deposits on a mutual or indivisable savings account or account, of which the deceased or the surviving spouse is a holder or co-owner or of which the surviving legal co-habitant is a co-owner may make available, in accordance with the terms set out in section 1240ter of the Civil Code, an amount not exceeding half of the available credit or Euro5,000.
The amount referred to in paragraph 4 shall be paid without prejudice to the payment of the privileged fees referred to in sections 19 and 20 of the Mortgage Act of 16 December 1851. »
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 28 June 2009.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
The Secretary of State for Family Policy, Deputy to the Minister of Employment, and with regard to aspects of the law of persons and the family, Deputy to the Minister of Justice,
Mr. WATHELET
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
See:
Documents of the House of Representatives:
52-1633 - 2008/2009:
No. 1: Proposal for a law by Mr. Verherstraeten and others.
nbones 2-6: Amendments.
Number 7: Report.
No. 8: Text adopted by the commission.
No. 9: Text adopted in plenary and transmitted to the Senate.
Full report: 28 May 2009.
Documents of the Senate:
4-1342 - 2008/2009:
No. 1: Project not referred to by the Senate.