Extract
[...] - The savings account, the amount of which is 100,000 euros: In the sense of Article 1536 of the Civil Code, When spouses are married in a separation of property, each remains the owner of their property and therefore of their personal savings, whether it was constituted before or during the marriage. In this case, the savings account is in the name of the deceased. Thus, the savings account of an amount of 100,000 euros belongs entirely to Mr. Brun. - The 5,000 euro car: The Court of Cassation in one a judgment of 11 September 2019 I reminded that the registration certificate is not a title of ownership. The one who buys a car in their own name is the sole owner of the latter. [...]
[...] His three children and his granddaughter are part of the first order. His mother, on the other hand, is part of the second order. Thus, the mother is excluded from the succession. However, it will be necessary to study the legal right of return of this one later. Article 743 of the Civil Code Determine the degrees of the successors. It provides that 'in direct line, as many degrees are counted as there are generations between the people: thus, the child is, in relation to the father and the mother, in the first degree, the grandson or granddaughter in the second'. [...]
[...] From this calculation, the amount of the reserved heritage is known. The article provides that 'Donations, whether by inter vivos acts or by will, shall not exceed half of the assets of the donor, if he leaves only one child; a third, if he leaves two children; a quarter, if he leaves three or more children.' In this case, the deceased leaves three children to succeed him, all of whom are reserved heirs. Thus, the global reserved heritage is ¾ of the succession and the reserved heritage of each heir is 1/4 of the succession. [...]
[...] Thus, these heirs have an effective seizure and will immediately take possession of the succession at its opening. II- The heirs' option: Article 768 of the Civil Code This option benefits the legal heirs. It provides that 'the heir can accept the succession purely and simply or renounce it. He can also accept the succession up to the net assets when he has a universal legacy or a universal title.' In this case, the three children are the deceased's legal heirs. Therefore, all can exercise their succession option. [...]
[...] If there is usufruct, do as if the surviving spouse did not exist. Assuming she chooses usufruct, we do the division as if the spouse did not exist. Part 6 - The Division: In order to know the share of each in the succession, it is necessary to determine the divisible mass. Article 825 of the Civil Code provides that the divisible mass includes the existing assets at the opening of the succession, or those that have been substituted for them, and of which the deceased did not dispose due to death, as well as the related fruits. [...]
