In real estate jargon, the term “natural object of generosity” refers to the person expected to receive a share of a person’s estate after death. Normally, the natural objects of a person’s generosity are family members, including children who are entitled to equal shares in the estate of their spawners. However, a parent may legally disinheriate a child in France since August 17, 2015. This article describes the reasons why a parent might consider disinheriting a child, the consequences of inheritance and analyzes the conditions of French law for parents wishing to choose this.
Plan de l'article
Reasons for disinheriting a child
Exheredation of a child is not as rare as some might think. Lack of necessity can lead a parent to exclude a child from his inheritance, especially if all children are more in need. For example, in a family composed of a business manager, an artist and an unemployed person, the parent can leave everything to the unemployed since others are able to meet their own needs. In the second case, a child may assist one parent more than others during tests or illness. The support and love of a child often provokes a sense of gratitude from the parent, who can decide to leave him all his possessions. The other children are then disinherited.
Thirdly. In a family of three children, if one is autistic and will never be able to lead an independent life. The largest fear of parents is to leave their disabled child without assistance or income after their death. Rather than divide their property into three equal parts, they can decide to leave everything to their autistic son at the expense of the other two.
A dispute between father or mother with his children and irreconcilable differences can lead to disinheriting. This is the most common reason in inheritance conflicts. Finally, a parent from a poor environment who has succeeded in his life and possessing a great fortune, can incite his children to make the same kind of effort rather than living from his wealth for the rest of their lives. He gives part or all of his possessions to charity after his death.
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The consequences of inheritance
Exheredation of a child should not be taken lightly, because it is an intense emotional fracture on both sides. Parents who want to disinheriate their children often feel guilty for the rest of their lives. A disinherited child can be devastated from the rejection of his parent. But keep in mind that the will does not become effective until the testator dies. Many things can happen during the interim period. For example, a mother and daughter in cold for years can reconcile in the last days or hours before the mother’s death.
The latter may regret such an act and reconsider its decision. Unless the mother revokes or changes her will, however, her oral statements cannot alter the terms of the written will.
Even if many believe that the exheredation of a child is unjust, the parent has the right to dispose of his property in any legal manner in which he or she deems it fit. Another less radical alternative is to leave the share of an adult child to his children. If the grandchildren are minors, they may take possession of the bequeathed property only at the age of majority.
The look of the Legacy Act
The exheredation of any person, who would otherwise be entitled to a share of your estate, requires careful planning and accurate writing of documents. You should start with the hypothesis that exheredation will be challenged. Since August 17, 2015, the French have benefited from a new European regulation governing inheritance. According to article 912 of the Civil Code: “The hereditary reserve is the share of inheritance property and rights which the law provides for devolution free of charges to certain so-called reserved heirs, if they are called to the estate and if they accept it…
The available quota is the share of inheritance property and rights that is not reserved by law and which the deceased has freely disposed of by liberalities.” The law protects heirs, who cannot exclude from succession under the hereditary reserve. But parents can bequeath all the available quotity to one child or a third party at the expense of others by will. In this case of the full legacy of property, the advantaged child will have to pay for a relief to the other disadvantaged children. The parent wishes to make a donation of part or all of his property to a structure of general interest.