The start of the year was marked by the exposure of the conflict affecting the Delon family. Even though the icon of French cinema, aged 88, is still alive, his clan is torn apart and tensions appear in particular around the star’s will which would benefit his daughter. If morally this may offend, it is permissible to favor a child. Everyone has a certain flexibility in organizing the transfer of their property. Overview of what is allowed to do.
1. I can disinherit a child
FAKE. In France, it is not allowed to do this even if you have severed all ties. Children are “reserved heirs“. The law “reserves” them a minimum share of the estate of their parent. You can, however, provide by will to limit his rights to this legal minimum, including increasing the share of some of your children.
To know : in the absence of children, your spouse is also a reserved heir. He or she has the right to at least a quarter of the estate of his or her husband or wife.
2. I can favor my favorite child
TRUE. And completely legally, using the available quantitythis fraction of your estate over which you can keep control.
Each child will thus receive their share of the hereditary reserve. And you can allocate all or part of the available portion of your estate to the child you wish to benefit. Your wishes must be notified in a will. “But this must always be explained to avoid any misunderstanding, jealousy or resentment within siblings.”, advises Me Pueyo Paule, lawyer. If equality is preferred to preserve the peace of your family, you may want to protect a disabled child or thank a child for their support and the assistance they provide you on a daily basis as a caregiver (domestic help, moral support, regular care, accommodation, etc.). Better demonstrate transparency by talking about it openly with your family.
To know : you can use life insurance to benefit one or more people by designating them beneficiaries. The money they receive through this means does not enter into the calculation of the hereditary reserve because the life insurance is transmitted “outside the inheritance”.
3. I can leave everything to my spouse
TRUE. It’s possible if you don’t have children. If your parents are deceased, you don’t have to do anything, your spouse will receive everything. If your parents are alive, it is imperative that you draw up a will to this effect. Failing this, and according to the rules set by the civil code, each of your father and mother will inherit a quarter of your property and your spouse will have half (three quarters if only your father or mother is alive).
To know : if you wish to offer maximum protection to your spouse, you can consider a gift to the last living person or change the matrimonial regime by adopting universal community with a clause of full attribution to the spouse.
4. I cannot leave anything to my partner
FAKE. You can perfectly plan for a legacy by will but this is not recommended because, considered a third party to your estate, he will have to pay inheritance tax up to 60% of the value of what he received.
Our advice : for your liquidity, consider life insurance. You will be able to transfer up to €152,500 tax free to him.
Other solution : consider entering into a civil partnership and writing a will.
5. My PACS partner, like a spouse, automatically inherits my property
FAKE. Your husband must succeed you, unless you have disinherited him by will (which is impossible if you have no children). On the other hand, your PACS partner or your common-law partner is not included in the list of heirs. You will need to write a will in his favor to transfer your property to him.
To know : the Pacs partner is exempt from inheritance tax on what is transmitted to him by will, whatever the value, just like the spouse.
6. I can decide how to distribute each of my assets
TRUE. This is what we call a shared will. You can specify which of your children will receive such jewelry, such vehicle, such real estate, such amount of money, etc. This is a way to pacify the distribution of the assets of your estate. Your children won’t have to agree. Of course, you must not infringe on the hereditary reserve.
To know : health professionals but also home employees, care assistants or family carers are prohibited from receiving donations and legacies from people they have cared for. Only gifts such as New Years are permitted.
7. I can leave my assets directly to my grandchildren, skipping a generation
FAKE. You cannot impose this decision. However, upon your death, your children will be able to individually renounce their share of the inheritance. Their rights as heirs will pass to their own descendants through the mechanism of inheritance representation.
To know : the grandchildren will then benefit from their parent’s allowance of €100,000 which they will share.
8. My children will inherit without paying inheritance tax
TRUE. If the value of what they receive do not exceed the amount of the reduction of €100,000 per person. Beyond that, they will have to pay a tax calculated according to a progressive scale (from 5% to 45%).
To know : Being exempt from inheritance tax does not mean that your heirs will not have to pay any fees. Most often, you will have to pay notary fees, which vary depending on the value and composition of your assets.
9. 5 tips for writing your will
So that your last wishes are legally valid, clear and enforceable:
- Write your will entirely in your own handwriting.
- Don’t forget to date and sign it.
- As a couple, each must draw up theirs separately because “conjunctive” wills are prohibited.
- Express your wishes clearly and simply.
- Entrust the document to a notary so that he or she registers it in the Central File of Dispositions and Last Wills (cost of €10.74).
thanks to Paule Pueyo, lawyer at the Marseille bar.
Hereditary reserve, available quota: how does it work?
The law protects children. They are entitled to a minimum share of your estate, what is called the “hereditary reserve”. It varies depending on the number of your children. Besides, the law leaves you a fraction of your assets “the available portion” which you can freely use to benefit whoever you wish (association, partner, etc.)
- You have 1 child. He is entitled to half of the assets of your estate under the hereditary reserve, you freely dispose of the other half (available portion).
- You have 2 children. They share ⅔ of your assets (i.e. 1/3 each). The available portion concerns 1/3 of the assets in your estate. You can bequeath it to anyone you wish, including one of your children, which thus increases their rights.
- You have 3 or more children. They share ¾ of your assets, you freely have ¼ of your assets as part of the available portion.
Blended family, consult a notary
If you and/or your spouse have children from a previous union and you do nothing, it is possible that your assets are transmitted without your wishes being respected : your stepchildren could inherit part of your property if you die before your spouse; the latter and your children could find themselves joint owners of certain assets, leading to significant management difficulties, etc. Writing a will can allow you to master the rules of transmission. It is essential to seek advice from a notary.