The existence of an inheritance

Proficient in Estate issues, our Bilingual Lawyers are competent to assist you in every aspect of the probate.

To inherit must be enabled to receive the inheritance gold everyone is not designated by law as having to inherit. This determination of the people who are destined to collect the estate reflects a certain vision of the family: there is no inheritance between civil partnerships or partners, the family estate and narrower than the family heritage.

There is a difference, first, between kinship and alliance. Only the relationship creates an inheritance. Among allies there is a support obligation that is because there is no unilateral, in turn, inherit.

Before the 2001 law the principle was contained in former section 755 of the Code Civil: direct line there was no limit to the inheritance, however in the collateral line between the boundary cousin was six degree (up the cousin). There was a derogation of the law to the brothers and sisters of the deceased there was no limit to the inheritance.

A second limitation relates to the collateral until the 12th degree in the presence of a minor under 16 years is to say an inability to test. Indeed, it is possible to benefit a person beyond the sixth degree, but only through a will, however, the age of 16 with assets could not benefit a person beyond the 6th level since it could not be tested.

The 2001 law abolished, in an article 745 of the Civil Code, these exceptions: the collateral does not succeed beyond the 6th grade, even if they are privileged collaterals. The family structure has narrowed.

The resulting inheritance of Matrimony is gradually recognized. The Act of June 23

2006 has improved the rights of the surviving partner on housing, since it now has the right, the death of his partner, apply to stay in accommodation that belonged to his own partner predeceased. The surviving spouse is also entitled, for economic reasons, to seek preferential allocation of some goods (such as a company for example).

From a tax perspective the TEPA Act of August 21, 2007 also includes a number of measures to devote some of the surviving spouse to inherit but also PACS partner, provided that there was a will. (Article 790 O of the CGI).

Regarding the cases of divorce or separation, the 2006 Act provides in section 732 of the new Civil Code that the spouse is the successor not divorced spouse. The spouse against whom there is a separation or divorce is still pending successor, only the divorce terminates the inheritance.

Vous avez aimé cet article, partagez-le sur vos réseaux sociaux !