deces.lu

Glossary

The words you will hear at the notary's office, translated into everyday language.

Acte de notoriété (deed of inheritance)
Document drawn up by the notary formally establishing who the heirs are and in what proportions. The cornerstone of the file.
Rights holder (ayant droit)
A person who can assert a right in the estate, by law or by will.
De cujus
The legal term for the deceased person whose estate is being settled.
Indivision (joint ownership)
The situation where several people hold the same asset together, each for a share, with no physical division.
Occupancy indemnity
A sum that may be owed by the heir who occupies a jointly owned property alone, compensating the others for loss of use.
Licitation
The auction of a jointly owned asset, ordered where the heirs cannot reach agreement.
Bare ownership
Ownership stripped of use and income, which belong to the usufructuary. Full ownership returns when the usufruct ends.
Disposable portion
The part of the estate that can be freely disposed of by will or gift once the children's reserved share is respected.
Bringing gifts into account
The mechanism that reintegrates lifetime gifts into the division calculation, restoring equality between heirs.
Reserved share
The fraction of the estate the law compulsorily reserves for the children.
Usufruct
The right to use an asset and receive its income without holding full ownership. It ends on the usufructuary's death.
Division (partage)
The operation ending joint ownership by allocating each person their share, in kind or in value.
European Certificate of Succession
A document allowing an heir to prove their status in another EU member state.
Mainlevée (mortgage discharge)
The deed removing a registered mortgage from the property, required to sell free of charges.