SURVIVING SPOUSE IN COMPETITION WITH sibling
Lack of descending and ascending.
Lack of descending and ascending.
The right of return for the benefit of collateral privileged - Art 757-3 [derived from the Law No. 2001-1135 of 3 December 2001 - as amended by Act No. 2006-728 of 23 June 2006]
Act of December 3, 2001 "Article 757-2. - In the absence of children or descendants of the deceased and his father and mother, the surviving spouse receives the entire estate "
" Article 757-3. - Notwithstanding section 757-2, if predecease the father and mother, the property that the deceased had received from them by succession or gift and which are found in nature are in the succession, in the absence of descendants, vest half brothers and sisters of the deceased or their descendants, themselves descendants of the parent predeceased the source of transmission. "
Act 2" June 2006 - Art. 29 to 23 ° "in Article 757-3, the words" them "are replaced by the words" of his parents'
It should be noted that this right of return is not "réservatoire" . By will or gift between spouses, the deceased can dispose of these assets to their spouse or other heir, and thus prevent the exercise of that right of return.
right to exercise legal return is subject to the condition that the property given or received by inheritance are found in nature in the estate of the deceased. So if the property was disposed of by disposition mortis causa (gift between spouses or will) they are not found in the estate. The ascendant must be a joint author.
The anomalous contents of the estate: the right of return is on 1 / 2 of property donated, bequeathed or collected in the succession of ascendants.
Beneficiaries: The right back is to the benefit of sibling (and their descendants) having a common origin predeceased the ascendancy.
Application in time
For estates open from 1 July 2002 to December 31, 2006, the legal right of return is limited to the property given by the privileged ascendants (father and mother) Authors communs.Pour inheritance beginning on 1 January 2007, the right back door on property donated by any common ancestor
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