Gifts, by inter vivos deeds or by will, may not exceed three quarters of the property if, in the absence of descendants, the deceased leaves a surviving spouse who is not divorced.
In the absence of a descendant and an undivorced surviving spouse, gifts by inter vivos deeds or wills may exhaust all assets.
If the disposition by inter vivos deed or by will is of a usufruct or a life annuity the value of which exceeds the available portion, the heirs in whose favour the law makes a reservation, shall have the option, either to execute such disposition, or to make an abandonment of the ownership of the available portion.
The value of the full ownership of the property alienated, either on payment of a life annuity, or on a non-refundable basis, or with reservation of usufruct to one of the successors in the direct line, is deducted from the available portion. Any excess is subject to reduction. This deduction and reduction may only be requested by those of the other successors in the direct line who have not consented…
The available portion may be given in whole or in part either by inter vivos deed or by will, to the children or other successors of the donor, without being subject to report by the donee or legatee coming to the succession, provided that as regards gifts the disposition has been made expressly and outside the share of the succession. The declaration that the gift is outside the share of…
A gift made in advance of an inheritance share to a reserved heir who accepts the succession is deducted from his share of the reserve and, subsidiarily, from the available portion, if not otherwise agreed in the deed of gift.The excess is subject to reduction. A gift made in advance of an inheritance share to a reserved heir who renounces the inheritance is treated as a gift made outside the…
A gift made outside the share of the estate is deducted from the available share. The excess is subject to reduction.
Direct or indirect gifts that affect the reserve of one or more heirs are reducible to the available portion when the estate is opened.
The reduction of inter vivos dispositions may only be requested by those in whose favour the law makes the reserve, by their heirs or successors: the donees, the legatees, nor the creditors of the deceased may request this reduction, nor benefit from it. The limitation period for the action for reduction is set at five years from the opening of the succession, or two years from the day on which…
The reduction is determined by forming a mass of all the assets existing at the death of the donor or testator. Assets disposed of by donation inter vivos are fictitiously joined to this mass, according to their state at the time of the donation and their value at the opening of the succession, after deducting from them the debts or charges encumbering them. If the assets have been alienated, their…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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