Radio silence or tensions: no reason to eliminate them
Have you been without news or touch for months, or perhaps years? As painful as the split may be, it is insufficient to justify exclusion from the inheritance.
The sole legal grounds for depriving a kid of his or her hereditary rights is unworthiness to inherit. This is an exception and only applies to serious instances covered under Article 726 of the Civil Code.
For example:
- if he was convicted of endangering your life,
- if he abused or mistreated you,
- if he has made serious false accusations against you.
- And even in these extreme cases, exclusion is not automatic: you have to go to court , present solid evidence , and obtain a court order.
You cannot disinherit, but you may rearrange.
While the law prohibits outright exclusion, it does provide some legal options for adjusting the distribution of one’s assets. There are three levers to be mindful of.
Play with the allotted allotment.
This is some of the leeway allowed by the legislation. This is the bit that you can leave to anybody you want: another child, a close friend, an organization, or simply a compassionate neighbor. This allows you to form specific ties without infringing the restrictions.
Permanent life insurance
This is a solution repeatedly applied in France. Money invested in a life insurance policy can be transferred to a beneficiary of your choosing outside of the rigorous inheritance rules. As long as the amounts are appropriate, it is a discreet and legal approach to benefit a trustworthy individual.
Meet a notary
Do you have a special goal, a challenging family circumstance, or just want to maximize your inheritance? A notary is your preferred contact. They can help you seek appropriate alternatives, like as contributions, unique legacies, property dismemberment, and so on.
