Currently, the rules in force regarding inheritance do not provide that grandchildren can inherit directly from their grandparents, with some exceptions. Notaries want to change that.
The rules are strict when it comes to inheritance. For example, currently (and except in certain cases), grandchildren cannot inherit directly from their grandparents, who must go through the generation of their children to pass on their property. As their national congress approaches, the Notaries of France have proposed changing this provision in a press kit issued on September 20, 2022.
Can grandchildren inherit directly from their grandparents?
The Notaries of France want to change the current law for two reasons: to simplify the distribution of inheritance between children and grandchildren, which could in particular allow the younger generation to access property, but also because the lifespan has lengthened, and therefore inheritances are perceived more and more later. “It is common for an heir to be retired, to have already built up his estate, to have children and grandchildren. In this case, he or she may wish to immediately share the estate which he has just inherited with his descendants. For example, to help them settle in life, or quite simply, for family spirit”explains the Superior Council of Notaries.
Who can inherit?
Currently, when a person dies without having made a will, those who can inherit are first their children and their descendantsthen their parents, brothers and sisters and descendants of the latter, then the ascendants other than the parents (for example the grandparents), and finally the “collateral other than brothers and sisters and the descendants of the latter”explains the site Public service. The husband or wife also inherits in all cases, but the share varies according to the matrimonial regime of the spouses and the presence of other heirs. When there is a will, the rules are a little different. Forced heirs, i.e. children and their descendants or the spouse, cannot be excluded from the succession according to a minimum threshold which is obligatorily theirs.while the other part of the inheritance can be distributed freely according to the wishes of the deceased.
In what cases can grandchildren inherit from their grandparents?
Currently, it is only in certain cases that grandchildren can inherit directly from their grandparents. A grandchild can inherit in place of his parents by representation, that is to say if the parents are deceased, they renounce the succession, or they are unworthy to succeed.that is to say that they are guilty of a serious act against the deceased (murder or attempted murder, physical or psychological violence resulting in death with the intention of giving it, etc.).