When Christmas presents can disinherit a child

vsThose who believe that it is not possible to disinherit one of their children in France are wrong: parents cannot mention them in the beneficiary clause of their life policies. They can also avoid giving them presents at Christmas, as the following case shows.

In 2015 Mr. His family refused to give him an explanation, he contacted the banks and in exchange for a payment of 2,000 euros, he learned about the movements in his father’s account for the last ten years.

Also read: Article reserved for our subscribers Good use of Christmas gifts

He notes that he gave out €22,500 each year as New Year’s gifts to all his brothers and sisters and his ex-wife. Through other sources, he concludes that it started in 1996 when he divorced and came out as gay. This caused him to be ostracized by his family, who asked him not to attend any more weddings or funerals, and of course no longer invited him to end-of-year celebrations.

“Usual Gifts”

He demands that these checks issued to his brothers and sisters, totaling €427,500 over ten years, be “returned” (restored) to the estate and that his family have no right to benefit from them during future sharing. he considered the secrecy she had committed by hiding them from him.

His lawyer ME Alexis Tombois believes that although they are offered on the occasion of Christmas, they cannot be considered as “usual gifts”, not subject to inheritance, given their importance: 26% of the income of the deceased, who received an annual pension of 85,660 euros. Far from the thresholds established by case law, which are 2% of assets and 2.5% of income.

The family counters that although the disputed checks were made out in the parents’ names, they were made out to the grandchildren (who did not yet have a bank account), as evidenced by their thank-you letters. However, according to the Civil Code, the principle of relationship to inheritance does not apply to grandchildren.

Also read: When Grandchildren Disrupt Inheritance

Although one of them testifies that he never received anything, and although Mr. ‘Angers then the Court of Appeal of this city found him right.

Tribunal “sausage” amounts by family branch to be declared reasonable (despite the value of 3.5%, which still exceeds what is established by case law). On October 19, 2023, the court decided that due to “happiness of the gifted”the owners “no loan fee”new year gifts” they must be considered ordinary gifts exempt from reporting to the estate.’ Mr.

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