You cannot compel a reserved heir. (© Fotolia)
–
A reserved heir can do whatever he wants with an estate. However, it is possible to impose conditions, or charges, in the context of a donation or for the non-reserved portion (the available portion) of an estate. Life insurance can also be used for this purpose. Explanations.
Reserve shares and double penalty: France is aware of the regime for reserve shares and available portions. Even if it is rather curious that an individual cannot bequeath his property to whomever he sees fit in the land of freedom and human rights, the fact is there, in the 21st century!
And, double deprivation of liberty for the said individual, he cannot, in practice, impose any burden on the reserved portion. Thus, he cannot in any way constrain the heir who has been reserved in relation to the goods he transfers to him.
The same reserved heir, as long as he is of legal age, can dispose of his inheritance when and as he wishes. Faced with the impossibility of imposing burdens on part of an estate, if only to protect the heir against himself, it is sometimes necessary to favor the channels of transmission which, precisely, allow the inclusion of charges.
Transmission with loads
Deeds of donation may include charges relating to the donation itself. Charges whose binding nature is therefore imposed on the donee. His freedom to act on the object of the donation will thus be limited by the obligations imposed by the donor on the future of the latter.
The same type of constraints can be found in the beneficiary clauses of life insurance and death insurance contracts. And
