Extract
[...] Preceding observations: In law, succession opens by death. The applicable law is that of the deceased's last domicile on the day of their death (art of the Civil Code). Article 721 of the Civil Code distinguishes between legal devolution and voluntary devolution. Legal provisions apply in the absence of the deceased's legacies. In this case, Charles died in January 2026. There is no element of foreignness, French law applies. The de cujus has made several liberalities and a will, which are not contested. [...]
[...] Therefore, the French rules of positive law on legal succession apply. The succession devolves to the family in the state of: The determination of heirs: - The rule of order: In the absence of a surviving spouse, Article 734 regulates the legal devolution, establishing 4 orders of heirs: - Descendants - The privileged collaterals - The privileged ascendants: - The ordinary collaterals Each order excludes the next one. In this case, Alice, of whose leaves to succeed him descendants: three children (Benjamin, Clara and David) and 4 grandchildren (Émilie, François, Gabrielle and Hugo). [...]
[...] The remainder of the calculation mass then constitutes the global hereditary reserve (RHG). In this case, there are three reserved heirs: Nicolas, François and Louise. Therefore, the available quota is one quarter of the calculation mass, and the RHG is ¾. QD = ¼ of MCRH = ¼ of 655,000 = 163,750 RHG = ¾ of MCRH = ¾ of 655,000 = 491,250 RHI = 1/3 of RHG = ¼ of MCRH = 163,750 The available amount is therefore 163,750, and each reserved heir has the right to 163,750. [...]
[...] Therefore, the French positive law rules on legal succession apply. The succession devolves to the family in the state: The determination of heirs: The surviving spouse in competition with descendants: According to Article 756 of the Civil Code, the surviving spouse is called to the succession, alone or in competition with the deceased's parents. Article 732 states that the surviving spouse is the living spouse, not divorced. Article 734 of the Civil Code establishes an order determining the heirs called: descendants, privileged collateral relatives, ordinary ascendants, and ordinary collateral relatives. [...]
[...] This donation outside of succession share is entirely imputed on the QD. 125,000 - 35,000 = 90,500 (QD after imputation of this donation). Donation of the collection of knives to Fabien, worth 5,000?. This donation is made to a third party, not a reserved heir. It is therefore entirely imputed on the QD. 90 500 - 5000 = 85 500 After imputing these donations, we can therefore impute the two bequests, which take effect on the day of the death of de cujus. [...]
