The succession pact is part of the preparation of a succession in the same way as the writing of a will. It is an organization, in advance, of the distribution of the property between the heirs reserving. As there are two parties, the succession agreement requires two notaries, the donee and the legatee.
Why an estate pact?
The estate pact is a voluntary act, very framed by the law. It allows the donee to favor an heir for the benefit of another, without any possible dispute. For a reserve heir, it is a question of giving up some or all of his rights by fading in front of another beneficiary.
In fact, the heirs who are reservists, that is to say the direct descendants, like children and grandchildren, can not be frustrated by the fraction of an estate, called "reserve". Without an estate pact, they can appeal the estate if it deprives them of all or part of the reserve.
Which means that at the time of death, the heirs who have signed an agreement of succession can not question a legacy for the benefit of the beneficiaries designated in the act. Even if it affects their reserve.
In which cases to establish an estate contract?
The estate agreement allows grandparents, for example, to pass on their heritage or part of it, directly to their grandchildren, provided that their children agree, which validates the pact.
One may also want to favor a disabled child with the agreement of the siblings or facilitate a transfer of a company. In this context, a child may give up his share of professional property, for the benefit of a buyer, for example.
Whatever the beneficiary of an estate contract, taxation is interesting for him. It is known as "rto receive property directly from the donor and not from the renouncer"He therefore has no rights to pay, a strong argument in favor of the pact.
- You must be of age and not be put under guardianship to sign an estate pact, as a renouncing
- The deed mentions the identity of the renouncer, one or more beneficiaries and the object of the renunciation: the whole or part of the reserve or a particular property.
- The estate pact should not be confused with a renunciation of the succession. The renouncer keeps his quality of heir.