An estate is typically transferred after a death, but it is also possible to plan for the transfer of one’s estate and to give away a portion of it during one’s lifetime, which allows your loved ones to benefit from it at a younger age and also reduces tax implications.
Inheritance is the process by which a deceased individual’s estate is passed on to his or her heirs. If the deceased does not leave a will, the inheritance is divided among the heirs as provided by law.
When the deceased does leave a well, the inheritance is handled according to the wishes of the deceased, within the limits of the reserved portion of the estate. Under French law, it is impossible to disinherit one’s children.
A deceased individual who has children may only dispose of a portion of his or her estate. The available portion is half of the inheritance when there is one child, a third of the inheritance when there are two children, and a quarter when there are three or more children.
The estate is settled through the establishment of a deed of partition with the agreement of the heirs. If an amicable agreement cannot be reached, proceedings must be initiated in Court through a lawyer.
Planning your estate makes sense from a civil point of view, since it allows conflicts between heirs to be avoided and allows you to favor a particular heir or a partner. It also makes sense from a tax point of view, since it allows you to reduce the amount of inheritance taxes owed.
The Alexandre Boiché firm can help you plan your estate and determine what will work best for you and your loved ones.
Under French law, there are two types of unions: non-marital unions (cohabitation and civil unions or PACS) and marriage.
In principle, married couples can only end their marriage by going through divorce proceedings. However, other types of separation exist and have very different effects.
Children’s lives may be subject to legal intervention at various points, for example, when establishing parentage or organizing their relationships with their parents.
People who have reached majority and are considered vulnerable due to their situation (physical, psychological or social) may be protected by a judicial protective order covering both their person and their estate.