Inheritance after a serviceman's death: what it covers, who receives it, how to claim

What is happening

Relatives go to the notary and are told that the insurance sum and the lump-sum benefit are not part of the estate. That is correct: those payments go to the recipients named in the legislation, under their own rules. The estate is property, accounts, housing and unpaid service pay.

The military mortgage and housing savings are a separate difficulty. The flat may be charged to a bank, part of the debt is discharged by the state and part may remain. This needs to be sorted out before the bank starts addressing claims to the heirs.

A family dispute is often added to this: parents and the widow, children from different marriages, an heir who learned of the death late. Such cases are decided in court, and each person's position depends on the documents rather than on who applied first.

What the law says

• The inheritance must be accepted within six months of the death. A missed deadline can be restored by a court where the reasons are sound.
• Where a serviceman has been declared dead by a court, the succession opens on the date stated in that decision.
• The insurance sum and the lump-sum benefit are paid to the recipients listed in the legislation on servicemen's pay, not under the rules of succession.
• Unpaid service pay, deposits, property, a share in housing and contractual rights form part of the estate and are divided by law or by will.
• The first class of heirs is the spouse, the children and the parents; without a will they inherit in equal shares.
• The deceased's debts pass to the heirs only up to the value of what they receive, not beyond it.

What we do

• We separate the estate from the payments that fall outside it and explain where to apply on each ground.
• We open the succession file with the notary and prepare the applications and enquiries about the assets.
• We deal with the military mortgage and housing savings: the outstanding debt, the charge over the property and the state's obligations.
• We apply to court to restore the period for accepting the inheritance where it has been missed.
• We conduct disputes between heirs about rights, shares and acceptance of the inheritance in fact.
• We challenge refusals by the notary and by registration authorities where they have no basis in law.

What we need from you

• The death certificate, or the court decision declaring the serviceman dead.
• Documents proving family relationships: marriage, birth and change-of-name certificates.
• The serviceman's documents: military ID, contract, and the unit's certificate about the circumstances.
• Information about assets: title records for housing and vehicles, details of accounts and deposits.
• Military mortgage documents: the loan agreement, the targeted housing loan agreement, bank statements.
• The will, if there is one, and any correspondence with the notary.