Wealth and estate planning

An early transfer can take the form of a simple gift, a donation-partage (a French inter vivos distribution gift) or a division of ownership. Each mechanism has different tax and legal implications. The donation-partage is often preferred because it fixes asset values and prevents disputes between heirs. A wealth planning lawyer structures the transaction in light of your family and tax situation.

Division of ownership separates bare ownership from usufruct. The donor retains the usufruct (use of the asset or receipt of its income) while transferring bare ownership to the heirs. On the usufructuary's death, full ownership is restored without additional inheritance tax. It is a powerful tool for optimising wealth transfers.

Protection involves choosing the right corporate form (SAS or SARL limiting liability), declaring the family home exempt from seizure, choosing an appropriate matrimonial property regime (separation of property) and setting up holding structures (holding companies, SCI property companies). A lawyer coordinates these mechanisms for optimal protection.

The surviving spouse has limited statutory rights (usufruct or one quarter in full ownership). To strengthen their protection: a gift between spouses (donation au dernier vivant, a French gift to the surviving spouse), a preferential allocation clause, an adjustment of the matrimonial property regime, or life insurance. A lawyer combines these tools according to your objectives and family situation.

Consult a wealth planning lawyer at key milestones: starting a business, marriage or a change of matrimonial property regime, a significant property purchase, preparing a transfer of wealth, restructuring your holdings, or in the event of divorce. The earlier you plan, the more effective the solutions and the greater the tax savings.

A family SCI (French property holding partnership) makes it easier to manage and pass on real estate. It allows shares to be transferred gradually to children while benefiting from tax allowances, organises family governance and avoids joint ownership. Setting one up requires tailored articles of association and compliance with annual accounting and tax obligations.

The donation-partage benefits from the standard allowances (100,000 euros per parent and per child every 15 years) and fixes asset values at the date of the gift, avoiding revaluation on the donor's death. Combined with a pacte Dutreil for company shares or with division of ownership, it is a major tax planning tool.