Inheritance and gifts: support at every stage

Before founding his office, Maître Azeroual practised for several years in family law and real estate law in Parisian notarial offices. An estate often combines family, property and tax questions: this dual experience is valuable.

Our inheritance and gift services

Settling the estate

When a loved one dies, the notary first draws up the affidavit of heirship (acte de notoriété), which records who the heirs are and each one’s share, taking any will into account; this deed is authoritative unless proven otherwise. The notary then lists the deceased’s assets: accounts, investments, real estate, debts. Where there is real estate, the notary draws up and registers with the land registry a certificate (attestation immobilière) recording the transfer of ownership to the heirs. The heirs may then divide the assets or choose to keep them in joint ownership.

Estate tax return and duties

The estate tax return (déclaration de succession) sets out the deceased’s assets and liabilities and is used to calculate any duties payable. Where required, it must generally be filed within six months of a death occurring in metropolitan France; the time limit differs in other situations. Some estates are exempt from filing a return, in particular depending on their value and the heirs’ relationship to the deceased. The surviving spouse and PACS partner are exempt from inheritance tax, without always being exempt from filing a return. The office checks the obligations and time limit that apply to your matter, prepares the return and assists the heirs with paying the duties, including, where the conditions are met, a request to pay in instalments or to defer payment.

Wills

A will allows you to organise your estate in compliance with the forced heirship reserve (réserve héréditaire), the share of the estate that the law guarantees to descendants or, failing them, to the surviving spouse. A holographic will must be entirely handwritten, dated and signed by its author. A notarial will (testament authentique) is received by a notary in the presence of two witnesses or a second notary; its form offers safeguards that reduce the risk of challenge. The office advises you on expressing your wishes, keeps the wills entrusted to it and has their existence recorded in the Central Register of Wills (Fichier central des dispositions de dernières volontés).

Gifts and gift-partitions

A simple gift transfers an asset immediately; a gift-partition (donation-partage), made to your presumptive heirs, divides all or part of your assets now and, under certain conditions, fixes the value of the assets on the date of the deed. The donor can keep the usufruct of the gifted asset, that is, the right to live in it or receive its income. Gifts made less than fifteen years earlier by the same person to the same beneficiary are taken into account for tax purposes on any new transfer between them: this look-back rule is a good reason to start early. A gift made by deed must be executed before a notary, failing which it is void. A hand-to-hand gift (don manuel) follows different rules, in particular as regards tax reporting.

Life insurance and inheritance

In principle, life insurance capital paid to a named beneficiary is not part of the estate under civil law and is not shared among the heirs. Specific rules may, however, apply where the premiums paid were manifestly excessive in view of the policyholder’s means. The taxation of life insurance also follows its own rules. A beneficiary clause that is imprecise or no longer appropriate can produce a result contrary to your wishes. The office advises you on its wording and reviews how the policies you share with it fit with your other estate planning arrangements.

Joint ownership and division

Until the estate is divided, the heirs are in joint ownership (indivision): each holds a share of the assets; day-to-day management decisions require a two-thirds majority of the joint rights, while a sale requires unanimity, unless authorised by the court. If this situation is to last, a joint ownership agreement drafted by the notary organises its management: manager, costs, duration, exit conditions. To end it, the office prepares an amicable division: valuation of the assets, allocation of lots, and an equalisation payment (soulte) by whoever receives more than their share.

Estate planning and passing on your assets

Organising the transfer of your assets during your lifetime allows you to protect your spouse, plan how your assets will be shared among your children and anticipate the tax consequences. The notary advises you on the solutions suited to your situation: a gift with reservation of usufruct, a gift between spouses, a change of matrimonial regime or, in certain situations, a posthumous mandate (mandat à effet posthume). The latter allows you to entrust a person with managing certain assets after your death, in the interest of one or more heirs. This planning is carried out in connection with family law and, for business owners, business law.

How is an estate settled with the office?

1. First meeting: presentation of the family situation and the documents available, in particular the death certificate, the family record book, title deeds and bank information.
2. Identifying the heirs: checking each person’s rights, searching the Central Register of Wills and drawing up an affidavit of heirship where required.
3. Inventory of the estate: listing and valuing the property, assets and debts; dealing with the banks.
4. Estate tax return: preparing and filing it where required, then paying any duties within the applicable time limit.
5. Transfer and division of the assets: completing the necessary property formalities; depending on the heirs’ choice, dividing the assets or keeping them in joint ownership.

Frequently asked questions about inheritance and gifts

The information on this page is for general information only and does not constitute legal advice. Each situation calls for a personalised analysis during an appointment with the notary.