The rights of reserve heirs: what to know

As a specialist in inheritance law, I am regularly faced with questions concerning The rights of reserve heirs. This complex subject often raises many questions, especially in older people who wish to prepare for their succession. Let me guide you through the subtleties of this fundamental notion of French law.

What is a reserve heir?

An reserve heir is a family member close to the deceased who benefits from special legal protection during the estate. This protection manifests itself by the right to a minimum share of the inheritance, called the hereditary reserve. I remember a case where a client was surprised to learn that she could not completely disinherit her children. This is the importance of understanding this concept.

The people concerned

In French law, reserve heirs are:

• The children of the deceased (or their descendants in the event of predecessor)
• The surviving spouse, in the absence of descendants

It is vital to note that parents, brothers and sisters are not considered reserved heirs.

The hereditary reserve

The hereditary reserve represents the minimum share of the inheritance which must return to the reserved heirs. Its amount varies depending on the number of children:

The available quota

The part of the succession which is not reserved for reservation heirs is called the available quota. The deceased can dispose of it freely, by will or donation. This is an essential point to understand to optimize the transmission of its heritage.

The rights and protections of reserve heirs

Stanvocate passionate about inheritance law, I can only underline the importance of the protections granted to reservation heirs. These rights aim to preserve family equity and to avoid situations of total dishes.

The right to reserve

The main right of the reserve heirs is that of claiming their share of the hereditary reserve. If the deceased has made donations or legacies which encroach on this reserve, the heirs can request a reduction action. This action makes it possible to reduce excessive liberalities to the available quota.

Protection against exheredation

One of the most important aspects of this status is protection against total exheredation. A parent cannot completely disinherit his child, except in very specific cases provided for by law, such as inheritance unworthiness. This rule can sometimes create delicate situations, but it aims to maintain a minimal family link.

The right of option

The reserve heirs also benefit from the right of inheritance option. They can choose between:

1. Purely and simply accepting the succession
2. Accept the succession to net assets
3. Renounce the succession

This choice is crucial and must be made knowingly, especially in the event of a deficit succession.

The limits and exceptions to the hereditary reserve

Although the hereditary reserve is a fundamental principle of French inheritance law, there are situations where it can be bypassed or fitted out. During my career, I have seen that these exceptions often raise lively discussions within families.

The inheritance pact

Since the 2006 reform, it is possible to conclude a inheritance pact. This system allows a reserve heir to renounce in anticipation to exercise a reduction action against a liberality which would undermine its reserve. It is an interesting flexibility tool, but which must be handled with care.

Gradual and residual liberalities

These mechanisms make it possible to transmit goods to a first beneficiary, with charge for him to keep them and to transmit them to his death to a second designated beneficiary. In some cases, they can assign the hereditary reserve of children of the first beneficiary.

The particular case of international successions

Within the framework of successions involving elements of extraneity, the European regulation on international successions can lead to the application of a foreign law not knowing the hereditary reserve. This is a crucial point to consider for families with attachments in several countries.

In the end, The rights of reserve heirs constitute a pillar of French inheritance law. They offer significant protection to descendants and, in some cases, to the surviving spouse. However, their application is not always simple and may require the intervention of a law professional. Do not hesitate to consult a specialized lawyer to guide you in your inheritance procedures.