Reserve (right)
See also: Reserve
In droit français, the reserve is the part of the Succession that the law holds for certain heirs who are thus " protégés". What is not reserved constitutes the share available .
Freedom to organize the transmission of its inheritance is more or less broad according to the composition of its family. There exist thus heirs very close, known as " réservataires" , not being able to be completely évincés of the succession.
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Principle : The law does not limit freedom to transmit that if there exist heirs " réservataires". Failing this, the freedom of gratifier who one wants is total.
- Exceptions : The limitations thus brought by the law do not apply to certain processes of transmission known as " except right successoral" :
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- subscription of a contract of life insurance, except manifest abuse,
- - matrimonial advantages, except children nonresulting from the two husbands.
Heirs réservataires
A person cannot disinherit completely:
- his/her children (or, failing this, its other descendants),
- in the absence of descendants, his/her parents (or failing this, its other ascending in the absence of spouse and other heirs preceding them),
- in the absence of ascending descendants and, its surviving spouse.
NOTE:
- the grandchildren are réservataires only if their father or mother is prédécédé,
- the grandparents are themselves réservataires only if the late one leaves neither descendants, neither father neither mother, neither joint, neither brother nor sister,
- in addition, the child having been the subject of a simple adoption does not profit, in his adoptive family, of the quality of heir réservataire with regard to the father and mother (or other ascending) to adopting.
> The other heirs " ordinaires" can be private of whole or part of the succession by Donation S or Legs, or by formally excluding them from the succession by will (" Exhérédation ").
Assembling reserve
The amount of the reserve is fixed by the law, with the death:- according to the number and of the quality of the heirs réservataires involved whom they alive or are represented,
- and compared to the goods left by the late one and with the former donations.
> All that is not reserve is " share available ".
(1) In the absence of descendant.
(2) In the absence of descendant and of ascending, for the open successions since the 01.07.2002.
Except representation, the heirs réservataires share the reserve by equal shares.
The legacies or donations attacking the reserve must be reduced.
See too
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