Money. Inheritance: Is it really possible to request an advance?

As a general rule, the division of the deceased's property among his heirs closes the succession process and puts an end to joint ownership.

Each person then receives their share of the inheritance through the creation of equitably distributed lots. However, before this division, one or more joint owners may request a capital advance on their share.

Article 815-11 of the Civil Code actually provides for this provision allowing a joint owner not to wait for the final division of assets, in particular in the case where he has an urgent need for cash.

This principle, which came into force in 1976, offers greater flexibility, allowing the joint owner in question not to initiate the division or to transfer his rights.

Two conditions are still necessary: the first is that sufficient funds are available; the second requires that the advance be made only on the share of the joint owner who requests it, in order not to harm the other joint owners.

In concrete terms, since the calculation of the final share has not yet taken place, the advance is therefore the result of an assessment. This is why it is only granted if the amount requested seems reasonable in relation to the applicant's expected share.

The procedure leading to the payment of the advance first provides for an amicable agreement between the joint owners.

After all, they are best placed to know in detail the assets of the estate and the sums available (the help of the notary can also prove essential).

What is more, an amicable agreement allows the granting of the advance to be organised quickly and promotes cohesion among the joint owners.

In his absence (in the event of disagreement), the joint owner requesting the matter may refer the matter to the judge who has sole jurisdiction to rule.

The capital advance does not constitute a partial division and therefore does not in any case imply that the joint beneficiary leaves the joint ownership.

This implies that it must be reported to the estate at the time of the final division and therefore becomes a debt of the beneficiary towards the other joint owners.

It should be noted that the amount returned must be the same as the amount advanced, without taking inflation into account. This may prove detrimental to other heirs if the joint ownership continues.

Therefore, the payment of interest may be provided to compensate for the absence of revaluation.