Estimated reading time (in minutes)
Between reserve and available quota , rights of the testator and rights of the spouse, it is often difficult to navigate . Find out what you can bequeath (or not) to your loved ones.
Can you disinherit your children?
You cannot disinherit a child.
The law provides for the share due to each. Their proportion in the estate of the deceased depends on the number of children. If you have a child, the reserve represents half of the assets. If you have two children, the reserve is two-thirds. If you have three or more children, that’s three quarters of the reserve.
If you do not respect this reservation, the injured children are entitled to recover their share.
Can we favor a child?
Yes, you can bequeath more to a child provided you respect the reserve with the available portion. Either the other half of the assets if you have one child, the last third if you have two children.
Can you foster your grandchildren?
There are legal tools that allow you to favor your grandchildren provided you have the agreement of your children. For example, early waiver of the reserve: the children undertake not to inherit the share reserved for them on the death of their parents for the benefit of their own children.
Another similar tool: the transgenerational shared gift.
There are also tax advantages. It is advisable to start very early to give to your grandchildren because every 6 years up to 35,000 euros, there is a reduction on inheritance rights. In this way, you can pass on large sums to your grandchildren without taxation.
Should you bequeath to your spouse?
One is only obliged to bequeath to one’s spouse if one is married and in particular a right to housing for one year after death. The spouse is housed free of charge if the deceased spouse owns the accommodation or pays the rent with part of the assets.
If there are no children, the spouse inherits a quarter of the entire estate. If you do not specify that you do not wish to bequeath the rest to him, you must notify him in front of two notaries.
DAMY law firm , Nice, Family: choosing your heirs, Update 2022
