VSThose who believe that it is not possible, in France, to disinherit some of their children are wrong: parents can refrain from mentioning them in the beneficiary clause of their life insurance policies. They can also avoid giving them gifts at Christmas, as the following case shows.
In 2015, Mr. His family refusing to give him explanations, he contacted the banks, and, in return for payment of some 2,000 euros, became aware of the movements made on his father’s account over the past ten years.
He notes that, each year, he distributed 22,500 euros in New Year gifts to all of his brothers and sisters and to his ex-wife. Through other sources, he concludes that it started in 1996, when he divorced and came out as gay. This caused him to be ostracized by his family, who asked him to no longer attend weddings or funerals, and, of course, no longer invited him for the end-of-year celebrations.
“Usual presents”
He requests that these checks made to his brothers and sisters, whose total over ten years represents 427,500 euros, be “returned” (reinstated) to the estate, and that his family not have the right to benefit from them during the future sharing, taking into account the concealment she committed, by hiding them from him.
His lawyer, Me Alexis Tombois, believes that, although offered on the occasion of Christmas, they cannot be considered as “usual presents”not reportable to the estate, given their importance: 26% of the income of the deceased, who received an annual pension of 85,660 euros. Far from the thresholds provided for by case law, which amount to 2% of assets and 2.5% of income.
The family objects that, although made out to the parents’ names, the disputed checks were intended for the grandchildren (who did not yet have a bank account), as proven by their letters of thanks. Gold, under the civil codegrandchildren are not affected by the principle of the relationship to inheritance.
Although one of them testifies to having never received anything, and although Mr. ‘Angers then the court of appeal of this city ruled him wrong.
The tribunal “sausage” the amounts by family branch, to declare them proportionate (despite a value of 3.5%, which still exceeds what is provided for by case law). October 19, 2023the court judges that, in view of “the fortune of the donees”owners “no loan charge”New Year gifts ” must be considered as customary gifts exempt from reporting to the estate.” Mr.