French heritage law is restrictive.

French law is restrictive. The defined part of the estate, the reserve legale, has to be given to the specified categories of heirs: first, to the children and to the surviving spouse if there are no children or issues. The amount they can claim takes into account the value of lifetime gifts. However, beneficiaries can give up all or part of their rights in advance under certain very special conditions. promotions

The situation with regard to the reservatory heirs:

If one child survives the deceased, he cannot give away more than half his French property by his own will.

If two children survive, this limit falls to one third

Only a quarter of his French property can he give away if he is survived by three or more children.

If the deceased has no children, a husband or wife shall be considered a legal heir, holding one quarter of the deceased's French property.

If a married couple jointly buys property, it is different again - the above shares are based on half the property and the other half is owned by the surviving couple.

The wife who survived. In recent years, the rights of a spouse have been strengthened by several laws. But the couple must not be divorced if these rights are to be valid.

If a deceased wife leaves descendants (children and grandchildren etc.) who are also descendants of the surviving wife, then the surviving wife has a choice: either one quarter of the property or a life interest in the property can be entirely reserved (i.e. the use of it during their lifetime). The right to temporary accommodation shall apply immediately. In order for the surviving spouse to benefit from a lifelong right to accommodation, she needs to express this wish within one year of death.

If the surviving descendants are not all the surviving spouse's descendants (for example, children from a previous marriage), then there is no choice: the surviving spouse inherits one quarter of the estate.

The surviving spouse inherits half of the property if there are no descendants and only one mother and father survives, and the remainder goes to his parents-in-law. In this and the former cases, a married person may take away these rights from his/her spouse. Only two notaries or a notary can deprive the right to a lifelong stay in the presence of two witnesses. It is aimed at preventing a married person from making such a serious decision lightly.

If the surviving spouse inherit the whole property, with the exception of certain property, if there are only grandparents, grandparents or other relatives (but not parents or siblings) the surviving wife inherits the whole property. • If there is a survivor, the surviving husband inherites all the property.

The rest of the estate, the quota available, can be left to the owner's request. These provisions can be ignored, but the heirs reservataires can always make a claim, unless they have given up previously.

A Civil Real Estate Company (SCI)

Note that holding property via Société Civile Immobilière (SCI) gives the investor direct possession of shares, whether foreign or otherwise, rather than property, so that SCI shares considered to be movable property are not subject to French inheritances legislation (though they are subject to French inheritance taxes). They can be left to the deceased's heirs under the law of the place of residence of the latter.

There are also some inheritance tax benefits from SCI - children and parents can be included in a real estate purchase (such as the purchase of a second home or vacation home). Later on, the share of the property of parents can be transferred progressively to children or grandchildren with a tax burden that is spread over time. Note, however, that if furnished properties held by a SCI are lent out, they lose their tax transparency and are taxed like a company.