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In all matters where money plays a central role, certain difficulties invariably arise. This is precisely why inheritance matters are considered particularly complex. Of course, this is not always the case, but when one requires the assistance of an attorney or legal counsel, it usually involves a challenging situation. It becomes especially troublesome when multiple close relatives of the deceased are called to inherit. In such cases, all issues must be considered, including donations received from the decedent during their lifetime. We explain when a reserved portion from a donation is not due and when it is. You will learn more by reading the article below.
To explain the relationship between a donation and a reserved portion, we must first clarify what a reserved portion is. According to the law, it is a certain value or monetary amount considered a so-called minimum entitlement, for example, to a spouse and parents. It does not matter whether they were included in the will made by the decedent. This aims to protect the interests of those who, due to the decedent's ability to freely decide on their estate, might not be called to inherit. Clients often ask whether a will exempts from the reserved portion. As it turns out, this question is quite valid because a will alone cannot deprive close relatives, omitted in the decedent's will, of the mentioned reserved portion. This requires the intervention of a specialist — in such matters, a family lawyer can assist.
It happens that during their lifetime, close relatives receive numerous donations from the decedent, potentially intended to ensure the estate is received by a specific person. This raises the question of whether a reserved portion is due from a donation when the person transferring the estate passes away. According to the law, when determining the reserved portion due to a person, all donations made by the decedent are added to the estate. Thus, it cannot be denied — the reserved portion and donation are interdependent. After a person's death, the so-called inheritance share is usually determined. Sometimes it turns out to be negligible or even zero. However, this does not necessarily reflect reality. One must add the amounts of donations made by the decedent during their lifetime, and then the situation changes completely. Consequently, one can claim a reserved portion from a donation.
Since we now know whether a reserved portion is due from a donation, it is worth explaining who can actually claim it. The answer to this question is found in Article 991 § 1. According to it, the spouse, parents of the decedent, and descendants who could potentially be called to inherit by law are entitled to a reserved portion. Thus, children after parents, grandchildren after grandparents, and also parents after their deceased child have the right to it. The question, however, is what portion of the reserved portion is due to a given person? If it concerns children or persons unable to work, the reserved portion may amount to two-thirds of the statutory inheritance share. In other cases, one can expect half of the share that could be received under standard statutory inheritance.
A reserved portion from a donation is due when a person is legally recognized as an heir, but is not included in the will.
It is also worth explaining when a reserved portion from a donation is not due. Because, of course, there are such inheritance matters as well. Exceptions are provided in the Civil Code in Article 994. According to the provisions, a donation cannot be added to the estate if it was minor. Donations made more than ten years before the opening of the estate are also not considered. This concerns donations to persons who are not heirs or do not have a right to a reserved portion. Therefore, if a donation was made 10 years ago, it does not matter how large it was or for what purpose it was given.
You already know the relationship between a donation from parents and a reserved portion that other statutory heirs may claim. We also mentioned that a will does not exempt from a reserved portion if it concerns a person included in statutory inheritance. However, it is worth explaining for how many years one can claim a reserved portion. This requires clarification, as a reserved portion is always due, regardless of when the donation was made. Unless it was made 10 years ago, in which case the amount cannot be included in the estate or reserved portions. BUT such a limitation applies only to persons not considered heirs. According to the provisions, if we speak of a reserved portion after parents, no time limitation can be indicated. However, if you are still considering whether a reserved portion is due from a donation, contact an experienced attorney. As mentioned, inheritance matters can be complex and often require thorough discussion with someone well-versed in the law.
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