Inheritance - legal advice
Descendants, the deceased's spouse and his parents (who would be called to inherit from the Act) have their part of the inheritance guaranteed by law - the so-called legitim. Just writing a will or even donations made during a lifetime does not deprive them of a reserved share.
If the beneficiary has not received the right he has reserved, in the form of a donation made by the testator, or in the form of an appointment to the inheritance, or in the form of a subscription, he is entitled against the heir (but not only to him) a claim for payment of the sum of money needed to cover the supplement or to supplement it
The height of the reserved share
The amount of the reserved share depends on whether the holder of the reserved share is permanently incapable of work or whether he is a minor descendant - then he is entitled to 2/3 of the value of the inheritance share that would be due to his statutory succession. In other cases, the share shall be equal to half of the value of the inheritance share that would accrue to the holder in the event of statutory succession.
When determining the inheritance share constituting the basis for calculating the reserved share, unworthy heirs and heirs who have rejected the inheritance are also taken into account, whereas heirs who have renounced inheritance or have been disinherited are not included.
Donations of the deceased
When calculating the reserved share, entries and orders are not included, but the donation and recovery records made by the testator are added to the decline.
The donation and vindication record made by the testator entitled to the reserved portion is counted as his due share. If the authorized shareholder is the testator's further descendant, he / she also includes the donation and vindication record made by the testator's preliminary testator.
The value of the subject of the donation is calculated according to the state at the time it was made, and according to the prices at the time of determining the reserved share. The value of the subject of debt collection is calculated according to the state at the time of opening the inheritance, and according to the prices at the time of determining the reserved share.
When calculating the reserved portion, no small donations are added, usually in the relations adopted or made more than ten years ago, counting back from the opening of the estate, donations to persons who are not heirs or entitled to a reserved portion.
When calculating the reserved share due to the descendant, he does not add to the decline in donations made by the testator at the time when he had no descendants. However, this does not apply if the donation was made less than three hundred days before the birth of the descendant.
When calculating the reserved share due to the spouse, the inheritance of donations made by the testator before entering into marriage with him is not added.
If the holder of the testimony is the descendant of the testator, he / she shall bear the costs of education and general and vocational education incurred by the testator, provided that the costs exceed the average measure adopted in the given environment.
Restrictions on Liability
If the holder of the reserved portion is called to inherit, he is responsible for ordinary entries and orders only up to the amount of the excess exceeding the value of the inheritance share, which is the basis for the calculation of the legitimate reserved portion. This applies accordingly to the case where the ordinary entry for the benefit of the reserved shareholder has been charged with a further entry or order or made on condition or subject to a time limit.
If the heir obliged to pay the reserved share is himself entitled to the reserved share, his liability is limited only to the amount of the excess exceeding his own reserved share.
The heirs who are obliged to settle the claim from the reserved portion may demand a relative reduction in ordinary records and orders. The reduction of ordinary entries and orders occurs in relation to their value, unless the testator's will is different. In the event of a reduction in the recording burdened with a further record or command, the further record or command is subject to a relative reduction. If the heir obliged to satisfy the claim for the reserved portion is himself entitled to the reserved portion, he may demand the reduction of ordinary records and orders to the extent that his own reserved share remains. If the legatee is entitled to a reserved share himself, the subscription made in his favor shall be reduced only to the amount of the excess exceeding his own reserved share. If the ordinary entry is subject to reduction, the subject of which cannot be divided without a significant change or without a significant reduction in value, the legatee may demand the complete entry, paying the appropriate sum of money
Liability of the legatee for legacy
If the beneficiary cannot receive from the heir the due portion he has reserved, he may demand from the person on whose behalf the vindication record added to the inheritance has been made, the sum of money needed to supplement the reserved portion. However, this person is obliged to pay the above amount only within the limits of enrichment resulting from the debt recovery record. If the person on whose behalf the debt collection order has been made is itself entitled to a reserved share, he shall be liable to the other entitled to the reserved share only up to the amount of the excess exceeding his own reserved share. The person on whose behalf the debt collection order has been made may be released from the obligation to pay the sum needed to supplement the reserved share by issuing the subject of the subscription. If the testator made vindication records for several people, their liability towards the reserved shareholder is joint and several. If one of the persons for whom vindication records have been made has fulfilled the benefit to the entitled shareholder, he may request from the other persons a part of the benefit proportional to the value of the vindication records received.
Responsibility of the recipients
If the beneficiary cannot receive from the heir or person for whom the vindication record has been made to him, he may request from the person who received from the testator a donation added to the inheritance, the sum of money needed to supplement the reserved share. However, the recipient is obliged to pay the above amount only within the limits of enrichment resulting from the donation.
If the recipient himself is entitled to a reserved share, he shall be liable to the other entitled to a reserved share only up to the amount of the excess exceeding his own reserved share.
The recipient may be released from the obligation to pay the sum needed to supplement the reserved share by issuing the subject of the donation.
Of the few recipients, the recipient will be liable pursuant to the provisions of the preceding article only if the holder of the reserved share cannot obtain the supplement of the reserved share from the recipient.
Inheritance of reserved shares
A claim for a reserved share passes to the heir of the person entitled to the reserved share only if the heir belongs to the persons entitled to the reserved share after the first testator.
The claims of the holder due to the reserved portion and the claims of the heirs to reduce the ordinary entries and orders expire three years after the will.
The claim against the person obliged to supplement the reserved share due to the donation received from the testator expires three years after the inheritance was opened.
The testator may deprive his descendants, spouse and parents of a reserved share (disinheritance), if entitled to a reserved share:
- against the will of the testator, acts persistently in a manner contrary to the principles of social coexistence;
- committed an intentional crime against the testator or one of his closest persons against life, health or freedom or blatant worship;
- persistently fails to fulfill family obligations towards the testator.
The reason for disinheritance of a reserved shareholder should be based on the content of the will.
The testator may not disinherit the holder of the reserved portion if he has forgiven him. If, at the time of forgiveness, the testator had no legal capacity, forgiveness is effective if it occurred with sufficient discernment.
Descendants of a dispossessed descendant are entitled to a reserved share, even if he survived the testator.