Le inheritance law French law is based on a fundamental principle: the protection of descendants. In practice, this special protection takes the form of the forced heirshipThis mechanism guarantees each child the right to receive a minimum share of his or her parents' estate.
However, parents may sometimes wonder whether they should be disinherited, particularly if there is a dispute, a breakdown in the relationship or some disagreement with their child, or if they wish to give preference to another heir.
Hereditary reserve: a truly intangible right (Inheritance law)?
Under French inheritance law, each child is considered to be rightful heirwhich means that a fraction of the estate goes to him or her by operation of lawwithout the deceased being able to interfere with it.
This share is determined according to the number of children: one child is entitled to half the estate, two children to two-thirds in equal shares, and three or more children to three-quarters.
The remaining part is the available sharefreely attributable to any other person, including a third party.
This system is designed to prevent a parent from disinheriting a child outright. The wishes of the deceased, even expressed in a will, cannot deprive a reserved heir of his rights.
Is it possible to bypass the forced heirship (Inheritance law)?
Some strategies are designed to reduce the children's share of the estate without excluding them completely.
Parents may, for example, bequeath the whole of the available portion to another person, whether an heir or a third party such as a friend or an association. It should be noted, however, that if this bequest exceeds the available share, the children may take action to reduction to recover their share of the reserve.
Other set-ups, such as the gift ofusufruct temporaryInheritance trusts, life insurance and property division can be used to transfer assets outside the estate. However, these techniques are regularly contested by unsuccessful heirs and can be reclassified as disguised gifts if their purpose is to infringe the reserve.
Are there really any exceptions allowing a child to be excluded (inheritance)?
Under French law, the only way to exclude a child from the estate is to request his or her unworthy of inheritance. This exceptional sanction, pronounced by the judge and provided for by thearticle 726 of the Civil CodeThis is only possible in limited cases, such as a criminal conviction for serious offences committed against the deceased (violence, threats or violence to life).
Inheritance unworthiness is therefore not not automatic. In the absence of a final conviction or court order, the child retains his or her inheritance rights.
Anticipating succession A way of regaining control (right of succession)?
Parents who wish to organise their estate in favour of another child, a spouse or a third party must act with care. caution.
Once again, it is essential for them to respect the rules of the reserve estate or risk having their will partially annulled. It is also advisable to seek professional advice to assess the legal risks associated with certain gifts or testamentary provisions.
A legal support avoids posthumous litigation and ensures that the wishes of the deceased will be respected, within the limits set by law.
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