Information transmission of a real estate (succession)
What rights does the law give him/her?
The law does not give your PACS partner or cohabitant any rights to your estate. If you do not legally protect your partner or cohabitant, he or she will not receive any of your property upon your death.
Your civil union partner does, however, have the right to use, free of charge, for a period of one year, the home that you occupy together and the furniture that furnishes it. If the home is rented, the estate must reimburse the rent.
How to protect your partner or cohabitant ?
It is possible to draw up a will for the benefit of your partner or cohabitant. If you have children, the legacy you leave to your partner or cohabitant must not affect the share of the inheritance they are entitled to by law (the reserved portion of the estate). You can only leave him/her the share of property that you can freely dispose of (the available portion). This varies according to the number of children you have.
|Number of children of the deceased||Reserve||Available share|
|1 child||½ of the property in full ownership||½ of the property|
|2 children||2/3 of all property||1/3 of all property|
|3 or more children||¾ of the property in full ownership||¼ of the property|
Please note: your PACS partner does not pay any inheritance tax on the property you leave him/her. On the other hand, your cohabitant is liable for transfer duties of 60% of the value of the property he or she receives.
Other techniques can also be used: SCI, tontine... They require an in-depth examination of your personal situation.