The 2001 Act has created an innovative alternative reserve for the benefit of the surviving spouse to inherit. The 2006 law removes the subject of all the ancestors.
The surviving spouse is reserving alternative.
Application in Time:
1 - For estates beginning on 1 July 2002, the Joint surviving successor holds a reserved portion of fourth in full property where there are no privileged descendant or ascendant. The
reserving are:
1 ° - 2 ° descendants
- The father and mother (1 / 4 each)
3 ° - The surviving spouse 1 / 4
4 - Other ascendants (1 / 4 by branch)
The surviving spouse is reserving alternative.
Application in Time:
1 - For estates beginning on 1 July 2002, the Joint surviving successor holds a reserved portion of fourth in full property where there are no privileged descendant or ascendant. The
reserving are:
1 ° - 2 ° descendants
- The father and mother (1 / 4 each)
3 ° - The surviving spouse 1 / 4
4 - Other ascendants (1 / 4 by branch)
2 - For the deceased died on or after 1 January 2007, the surviving spouse inherit holds a quarter of heirship freehold when there is no descendant
The reserving are: 1
- Descendants
alternative:
2 - The surviving spouse ¼
The Act of June 23, 2006 removes the subject of all the ancestors (Section 914 is repealed and sections 914 - 1 and 916 are changed).
a consequence of the abolition of the reservation to all ascendants (father, mother, grandparents, etc..) Parliament has awarded the privileged ascendants (father and mother) donor, a legal right to return in successions from 1 January 2007.
In the absence of descending, the deceased can not freely dispose of that three quarters of the estate. In addition, the donation made to a third party is reducible, the normal rules on attribution and reduction being transposed
- Descendants
alternative:
2 - The surviving spouse ¼
The Act of June 23, 2006 removes the subject of all the ancestors (Section 914 is repealed and sections 914 - 1 and 916 are changed).
a consequence of the abolition of the reservation to all ascendants (father, mother, grandparents, etc..) Parliament has awarded the privileged ascendants (father and mother) donor, a legal right to return in successions from 1 January 2007.
In the absence of descending, the deceased can not freely dispose of that three quarters of the estate. In addition, the donation made to a third party is reducible, the normal rules on attribution and reduction being transposed
Comment: The result of the former article 916 if the divorce was off by death, there were effects on the status of the surviving spouse, she made him lose his right reserving (C. civ. art. 916)
Article amended by the 2006 Act
substitute:
"no descendants and no surviving spouse divorced, gifts inter vivos testamentary or will exhaust all of the property. "
Also, for estates beginning on 1 January 2007, only the spouse, surviving divorced will lose his status as reserving .
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