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Donations and legacies: what are the new limits between spouses?

2022-04-29T22:05:26.769Z


OUR ADVICE - The Court of Cassation recently provided a bold and unprecedented response to questions about gifts and bequests in a couple.


For many couples, the primary concern is to protect the surviving spouse, in the event of death, and to preserve their financial autonomy.

The law provides for this in part by making the surviving spouse a privileged heir.

If the couples deem these rights insufficient - especially in the context of blended families -, it is quite possible to extend them thanks to a donation between spouses during their lifetime, thanks to a donation to the last living (which will take effect on death) or a bequest by will.

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Succession: is your spouse sufficiently protected?

The law has, of course, set a limit to preserve the share of inheritance that should go to the children (their hereditary reserve).

We are talking about a special available quota.

The spouses thus have the option of granting the survivor up to 25% of the estate in full ownership and the usufruct of the remaining 75%.

Determining whether this limit has been respected is a major source of dispute, when the estate is divided between the spouse and the children.

With a question...

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Source: lefigaro

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