Extract
[...] In this situation, since children are still alive, this choice will exist in all cases, regardless of the order of the deathsiss. En l'espisce, Mr. and Mrs. JO had two children together, Maurice and Victoire. However, Victoire died in 2015, leaving one daughter still alive, Aurélie, who comes in representation of her misre in the succession. Therefore, Victoire's share will go to Aurélie, while Maurice will receive his own share of the succession. The couple having 2 children, the hereditary reserve of Mrs. JO therefore corresponds to her husband will therefore obtain the available share, i.e. [...]
[...] in bare ownership. A few months after Mrs. JO's death, the usufruct she held will expire and the children will become fully owners. Concerning the 500,000 ? belonging to Mrs. JO, these are transmitted according to the provisions of her will, which attributes the available quota to Maurice and his three children II. If Mrs. JO had died before Mr. JO As we have seen previously in Article 912 of the Civil Code, the hereditary reserve of the children is 2/3 if they are two in number. [...]
[...] In this case, Mr. JO died in 2022, thus, in the event of death, the succession opens up in order to make the distribution among the heirs. First, given that his wife is still alive, she benefits from the available quota, in accordance with the will that the spouses jointly drafted. Next, with the remaining share, it is necessary to refer to the will and the order provided by the Civil Code, thus, first, there are the descendants of the spouses, only Maurice is still alive, in fact, Victoire having died in 2015. [...]
[...] It must not be forgotten that when he dies, the usufruct he held on his wife will expire and the heirs will become owners, namely, that on this succession, the children of his son born from a previous union will intervene and obtain a share of the inheritance. On the other hand, we can conclude by saying that if Mrs. JO had died before her husband, the situation would have been different, given that her husband had a child from a previous union, and that child died leaving children, the succession is not the same since the heirs of Mr. JO must be part of his succession, whereas these same people do not enter into account in the succession of Mrs. JO. [...]
[...] It is equal to one-quarter of the total inheritance.'gale at half of the succession if the the deceased has a child, two-thirds if there are two, and three-quarters if there are three or more. » In addition, Article 757 of the same Code adds that "If the deceased spouse leaves children or descendants, the surviving spouse receives, at their choice, the usufruct of the entirety of existing assets or the ownership of a quarter of the assets when all children are from both spouses and the ownership of a quarter in the presence of one or more children who are not from both spouses". In this case, for the death of Mr. JO, the one having 3 children, the hereditary reserve is which means that 1/4 of the quota is available and returns to his wife, so she will receive 125,000? in bare ownership, plus the usufruct of the remaining 375,000?. Meanwhile, Mr. JO's children will each receive 125,000? [...]
