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Inheritances
International successions: a compensatory levy for disadvantaged children
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
In order to guarantee the share of the inheritance which must necessarily go to the reserving heirs (descendants) or to the surviving spouse in the absence of descendants, a compensatory levy has been introduced. It allows children deprived by a foreign law to recover the equivalent on the assets of the estate located in France. This mechanism is part of the law of 24 August 2021 confirming respect for the principles of the Republic. The detail with Service-Public.fr.
In order for the compensatory levy to apply, all of the following conditions must be met:
- the deceased, or at least one of his children, must be a national of, or a habitual resident of, a Member State of the European Union at the time of death;
- the foreign law applicable to the succession must not provide for the provisions relating to hereditary reserve. If, on the other hand, foreign law ensures that each child has a right to a part of the estate, the deduction system will be inapplicable;
- the estate must include movable property (for example, furniture, jewelry, vehicles, etc.) or immovable property situated in France.
The compensatory levy will only apply to international successions opened from 1er November 2021.
FYI
If the notary finds that the rights of the heirs who are reserving are likely to be affected by the arrangements made by the deceased, he must first of all inform each heir of their right to request a reduction of the gifts which exceed the available proportion. The information must be given to the heirs concerned and known and individually.
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Agenda
Aide au logement
À partir du 8 juil. 2024
Publié le 24 juin 2024