Donation

What is a donation?

A donation is an act by which a person transfers property or money to another person during their lifetime without compensation. It allows for the anticipation of wealth transfer and helps organize inheritance in an optimal way.

Different types of donations

There are several forms of donations, including the partition donation (donation-partage) which distributes assets among heirs before death, and the advance on inheritance donation (donation en avance d'héritage) which consists of transferring part of one's assets during their lifetime.

Tax benefits and legal consequences

Donations often benefit from tax advantages, such as renewable exemptions every 15 years, reducing inheritance taxes. However, they have legal consequences that should be carefully considered to avoid disputes.

How to prepare it properly?

Preparing a donation requires precise analysis of assets and inheritance goals. It's advisable to consult a notary to secure the act and optimize fiscal and legal aspects.

Will

Why draft a will?

Drafting a will allows a person to organize the distribution of their assets after death according to their wishes. It's an essential tool to prevent conflicts between heirs and ensure proper wealth transfer.

Types of wills

There are several forms of wills: holographic will (handwritten, dated and signed), authentic will (drafted by a notary with witnesses), and mystic will (sealed and delivered to a notary). Each has different advantages and legal guarantees.

How to avoid conflicts?

To avoid disputes, it's recommended to draft a clear, precise will that complies with inheritance laws. A notary's involvement helps secure the act and advise on the best options for each family situation.

Will contestation and legal recourse

If there are doubts about a will's validity or interpretation, heirs can initiate legal proceedings. Challenges may concern the testator's capacity, the will's form, or suspicions of fraud. The notary's role is then crucial to protect everyone's interests.

Joint Ownership (Indivision)

What is inheritance joint ownership?

Joint ownership is a legal situation where several people jointly hold rights over the same property, typically after inheritance. Co-owners share undivided property until division or distribution occurs.

Rights and obligations of co-owners

Each co-owner may use the property while respecting others' rights. Important decisions (sale, management) often require unanimous agreement. Each must contribute to expenses and taxes related to jointly owned property.

Management and common difficulties

Joint ownership can create tensions, especially when disagreements arise about property use or sale. Management requires good communication, clear agreements, and sometimes the appointment of a representative or mediator.

Ending joint ownership: methods and advice

To end joint ownership, co-owners may proceed with an amicable or judicial partition. Consulting a notary for expert valuation is often necessary. Legal advice helps anticipate tax and estate consequences.

Inheritance Division

Stages of inheritance division

Inheritance division is the phase where estate assets are distributed among heirs. It typically begins with asset inventory, followed by valuation, then distribution according to each heir's rights.

Amiable vs judicial division

Amicable division is preferred as it allows quick, consensual distribution. In case of persistent disagreement, judicial division may be ordered by court, often involving more delays and costs.

Asset valuation

Precise valuation of assets (real estate, personal property, financial assets) is essential for fair distribution. It may require experts or specialized professionals.

Conflict resolution

In case of conflict, family mediation or judicial conciliation can help find compromise. The notary's role is crucial to oversee the process and secure agreements.

Inheritance Concealment (Recel Successoral)

Definition of concealment

Inheritance concealment involves intentionally hiding assets or making fraudulent donations to disadvantage certain heirs. It's an offense that violates inheritance rights.

Legal sanctions

Concealment can lead to civil penalties (reduction or restitution of assets) and criminal sanctions. Wronged heirs can take legal action to assert their rights.

What to do if you suspect concealment

If you suspect concealment, promptly consult a notary or specialized lawyer to assess the situation and take appropriate legal action to protect your rights.

Life Insurance

How it works in wealth transfer

Life insurance is a contract that builds capital or income to be transferred to designated beneficiaries upon death. It's a preferred tool for optimizing wealth transfer.

Life insurance taxation

Life insurance has favorable tax treatment, with specific exemptions and special rules for transferred amounts. Taxation varies based on payment dates and beneficiaries' situations.

Integrating life insurance in estate planning

To optimize transfer, carefully choose beneficiaries and coordinate life insurance with other estate arrangements. Legal and financial advice is recommended to maximize benefits.

Notary

Notary's role in inheritance

The notary plays a central role in estate management. They advise heirs, draft documents, secure transfers, and ensure compliance with legal and tax rules.

Difference between lawyer and notary

The notary is a public officer who authenticates and preserves legal acts. Lawyers focus more on litigation and legal defense. They often collaborate.

Collaboration with partner notaries

Our firm closely collaborates with a network of partner notaries to provide clients with complete, efficient and secure support in all inheritance procedures.

International Law

Cross-border inheritance

Cross-border inheritance concerns foreign-located assets or foreign-national heirs. It raises complex issues due to different legal systems.

Conflict of laws

Conflicts arise when multiple jurisdictions claim authority. International and European rules aim to harmonize these situations and facilitate estate management.

Applicable EU regulations

The EU Succession Regulation (No 650/2012) governs jurisdiction, applicable law, and recognition of decisions in cross-border successions.

Advice for international families

It's recommended to plan succession with an international law expert to prevent conflicts, optimize transfer, and comply with different regulations.

ODYSE Law Firm

Our commitment

ODYSE Law Firm is dedicated to supporting you through all stages of estate and inheritance management. We provide legal expertise and know-how to secure your procedures.

Our practice areas

We handle inheritance law, family law, estate taxation, and private international law. Our team offers personalized solutions adapted to your situation.

A team at your service

Our professionals are available to answer questions, advise you, and represent you. Trust-based relationships are at the heart of our approach.