This is a
translation of the
Loi (1862) relative au
partage d’héritages
(Chapter 04.660)
as in force on 1
January 2019
This is not an
authoritative translation of the Law. Whilst it is believed to be correct, no
warranty is given that it is free of errors or omissions or that it is an
accurate translation of the French text. Accordingly, no liability is accepted
for any loss arising from its use.
Law (1862) RELATING
TO THE PARTITION OF HERITABLE PROPERTY
A LAW relating to the
Partition of Heritable Property
of a deceased person, and to hypothecs on such property.
Article
3
Where a person has a
debt or other claim against the estate of a deceased person who has left
heritable property, and the debt or claim has not been pursued against the
deceased and registered in the Book of Obligations, the person must, in order
to conserve a garantie on the property belonging to the
deceased, institute proceedings against the heir, within a year and a day of
the death of the debtor and have the Act of the Royal Court registered in the
Book of Obligations, on pain of losing his or her garantie on the property in that estate, and his or her claim being
deemed to rank as an unsecured debt against the heirs.
Article
5
Where the heir has obtained
benefit of inventory, the claim of the creditor must be made within 18 months
of the date of the Act of the Royal Court granting benefit of inventory.