Testamentary Gifts

You might think that the system of forced heirship under French law means that only people who are forced heirs will be entitled to receive under an estate.

But remember (see Beneficiaires of French wills) that there is always a portion of the estate that is designated as freely disposable (quotité disponible).

The disposable portion

As we know already, the size of the disposable portion depends on the family situation.

This disposable portion can be gifted to any natural or legal persons, including the reserved heirs.

A testamentary gift, i.e. one that only comes into effect upon death, is known in French as a legs.

Main types of gifts (legs)

1. Universal gift (legs universel)

This is where the testator gifts the whole of their estate to one or more designated persons who thereby acquire the status of légataire universel.

NB. This does not means that this person will actually receive the whole of the estate. They may be required to share the estate with other légataires universels and with legatees of another status (see below) and account will need to be taken of any estate liabilities (e.g. debts, bills and taxes).

If there are any héritiers réservataires, the légataire universel will, of course, only receive the disposable portion of the estate.

2. Non-specific gift (legs à titre universel)

The similarly-named legs à titre universel is where the testator gifts a portion or percentage of their total estate or a certain category of goods (e.g. all real property, all chattels), again subject to the rights of the héritiers réservataires.

3. Specific gift (legs particulier)

More simple to understand, this is a gift of a specific item (such as real property or a sum of money or jewellery), the recipient of which is known as a légataire particulier.

There are numerous other forms of legs, which fall outside the scope of this article.

Final comments

It is important to remember that a legs is a testamentary gift that comes into effect upon the death of the testator. A legs must also be formally recorded in a will.

In that sense, it differs from the other kind of gift possible under French law, called a donation. This is a gift made during the lifetime of a person and takes immediate effect.

Watch this space for an upcoming section on donations.

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