Projet de 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.
General information ¶
- Authors
- CD&V Sonja Becq, Mia De Schamphelaere, Katrien Schryvers, Raf Terwingen, Liesbeth Van der Auwera, Servais Verherstraeten
- Submission date
- Dec. 2, 2008
- Official page
- Visit
- Status
- Adopted
- Requirement
- Simple
- Subjects
- inheritance law of succession
Voting ¶
- Voted to adopt
- Groen CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA LDD MR FN VB
Contact form ¶
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Discussion ¶
May 28, 2009 | Plenary session (Chamber of representatives)
Full source
Rapporteur Carina Van Cauter ⚙
Mr. Speaker, I refer, as regards the report, to the written report, but I take the opportunity to say that the Open Vld group is pleased because there has been no excessive formalism in the bill. The bank pays liberally, at the request of the longest living, without having to go through a tricky procedure. I think this will be a good thing, because after the death of the partner one often faces a very difficult period.
It is good that it is chosen to avoid confronting those who are left behind with additional formalities and formalism. Our group will, of course, approve this bill, for various reasons. I will mention the most important. First, everyone’s rights are taken into account as much as possible. Second, the parties are pointed to their responsibilities.
The rights of the longest-lived are respected as much as possible because they can immediately and upon simple request with the bank a minimum available credit. The rights of the other heirs are also effectively exempted, by the double limit, up to half of the available credit salaries and limited to a maximum amount of 5,000 euros. If we approve this bill, it means for the banks that they get the legal certainty that, when they make a payment, it will be liberating.
This bill is not a free letter. It also points out the different responsibilities of the parties. The bank will have to effectively point out the regulation to the person who makes a withdrawal of balance so that it can be respected as much as possible.
On the other hand, the bill also provides for sanctioning those who do not comply with it.
We thank all of you for this amendment, which came under the impulse of Open Vld. The bill will be equal for everyone as the withdrawal of money will be possible at different banks. There was an inequality in the bill, given the distinction between the persons who had their funds in different banks and could not make their withdrawal of money in the amount of 5000 euros at the same credit institution, and the persons who opted to give their coins in the hands of a bank.
Rapporteur Valérie Déom ⚙
I am referring to my written report.
Jean-Luc Crucke MR ⚙
My speech will be brief because there is some consensus on the subject.
For the MR, as you have seen in one of the proposals that were the subject of the discussion in the committee, it is important that Parliament can legislate for a measure of equity and survival, even at the level of successions. It should be acknowledged that, in practice, a number of banks generally agree to facilitate the availability of funds for the surviving spouse. But it is not because most banks voluntarily practice the system that it is legally integrated. The step we are taking now will clarify things.
In the difficult conditions of a succession, the surviving spouse will no longer have to worry about this problem and will be able to devote themselves to the essential. The most important thing in a death is not money, but the most important thing can not be done without money.
The measure we are going to vote for is useful and I thank all the parliamentarians who participated in this interesting debate for society.
President Patrick Dewael ⚙
Ms. Van Cauter is also registered as speaker. She also developed her presentation after her report. Therefore, I give the word to Mr Verherstraeten.
Servais Verherstraeten CD&V ⚙
On this path, I would like to thank the rapporteur and all members of the Committee on Justice for their cooperation in the creation of the present legislative initiative.
The longest-lived spouse or longest-lived, legally cohabiting, at sometimes emotionally painful moments, such as the death of a partner, too often faced difficulties in collecting money shortly after the partner’s death. This sometimes led to the blocking of accounts, resulting in liquidity problems for current payments.
What was the reason for the aforementioned blocking? Financial institutions blocked the funds after the death of the partner, on the one hand due to the obligation to notify the tax administration and, on the other hand, the principle of the divisibility of claims, in which the heirs must be paid together or in which amounts can only be paid out at the moment the evidence of the share of the heir is known.
Colleagues, the legislative initiative was actually made five years ago. I am therefore pleased that we in the Committee on Justice have been able to reach a solution that provides greater legal certainty. First, it provides legal certainty to the longest-lived spouse or to the longest-lived legal cohabitant, so that he or she receives a kind of subsistence salary shortly after his or her death to meet his or her basic needs. The aforementioned living salary is, as it were, an advance on the inheritance and may amount to up to half of the available credit salaries on sight and savings accounts, with a maximum of 5,000 euros, excluding funeral costs, hospital costs and invoices already dating from before the death.
There were comments on financial institutions. Nevertheless, we limit their responsibilities relatively, in particular to the obligation to inform the data subjects of the amount that the financial institutions may pay.
It is limited to a simple calculation exercise.
How have we tried to protect the rights of other heirs? In order to maximize the avoidance of other heirs from having to recover, there are the maximum amount of half of the available credit salaries on sight and savings accounts and the absolute maximum of 5,000, the fact of the warning obligation of the financial institutions and the fact that if the longest-lived person does not respect the regulation in question, he or she loses his or her inheritance rights in part.
Colleagues, I hope that the scheme will provide a solution to the temporary but very painful liquidity problems of long-lived spouses and partners, without affecting the rights of other heirs, with the assurance for financial institutions that they pay freely.