Best Inheritance Law Lawyers in Réunion

1. About Inheritance Law in Réunion

Inheritance law in Réunion follows the French Code civil, which governs how estates are distributed after a death. Local practice relies heavily on notaires to draft documents, value assets, and coordinate the transfer of property to heirs. The system blends national rules with practical, island-specific considerations such as real estate located in Réunion and cross-border assets. In short, planning ahead with qualified legal counsel helps prevent delays and disputes.

Key concepts include the order of succession, reserved portions for close relatives, and the possibility of testamentary arrangements. Public records, asset valuations, and timely filing with authorities are essential for an orderly transfer of ownership. Understanding these pillars helps families protect their rights and minimize conflicts during a difficult time.

"The droit des successions est régi par le Code civil, qui fixe les règles d'ouverture de succession, d'identification des héritiers et de dévolution des biens."

2. Why You May Need a Lawyer

Here are concrete, real-world scenarios where contacting an avocate or avocats specializing in droit des successions in Réunion is crucial.

• A deceased parent left a large Réunion real estate portfolio and the heirs live apart on the island. Without a lawyer, the estate remains in indivision longer than necessary, delaying sale or partition and risking disputes among siblings.
• You suspect a will is invalid or improperly executed. If the will appears to favor one heir without legitimate basis, an avocat can assess validity, challenge formal defects, and guide a contested process.
• A surviving spouse holds usufruct over a family home and the heirs want a full partition. A lawyer can negotiate terms of the partage and protect the surviving spouse’s rights under French law.
• You need to transfer assets to heirs living abroad. An avocate can manage cross-border issues, ensure proper declarations, and coordinate with notarial authorities in Réunion and abroad.
• The estate includes assets outside Réunion, such as overseas properties or bank accounts. A lawyer helps address jurisdictional questions and ensures compliant declarations to tax authorities.
• You want to plan ahead with a will or donations during life to optimize tax and preserve family harmony. An attorney can draft and register a testament or donation that aligns with local practice.

3. Local Laws Overview

Two core legal pillars govern inheritance in Réunion. Both apply to most situations, including estates with Réunion real estate and heirs residing locally or elsewhere.

1. Code civil - De la succession. This is the central French framework for opening a succession, determining heirs, and distributing assets. It defines order of succession, forced heirship, mandates for codicils and wills, and the procedures to carry out a partition. Practically, this means that even in Réunion, the same rules apply as in the metropolitan territory, with local notaires handling acts and registrations.
2. Code général des impôts (CGI) - Droits de succession. Tax rules apply to inheritances based on the relationship to the deceased and the value of the estate. Abatements and rates vary by heir type and share, and declarations must be filed with the tax authorities. In Réunion, these provisions are implemented through the same CGI framework as in mainland France.

Recent trends emphasize consistent application of national rules across overseas departments, with notaries guiding practical steps such as asset valuation, partition agreements, and tax filings. Official sources confirm that inheritance remains primarily governed by the Code civil, while tax consequences fall under the CGI framework.

"Le droit des successions est régi par le Code civil; les droits de succession relèvent du Code général des impôts."

4. Frequently Asked Questions

The following questions are designed to cover common, actionable concerns about inheritance law in Réunion. They progress from basic to more advanced topics.

What is the first step after a death in Réunion?

You should identify the heirs and contact an avocat or notaire to open the succession. The notaire prepares and registers the declaration of succession and lists all assets.

How do I check if a will is valid in Réunion?

Consult a lawyer to review execution formalities, witnesses, and authenticity. The avocate can verify whether the will complies with the Code civil and local requirements.

When must the succession be opened and declared?

Generally, a declaration of succession should be filed within six months for residents and within one year for non-residents, subject to exceptions. An avocate can confirm deadlines based on your situation.

Where can I get help with tax aspects of inheritance?

Tax questions are handled by the French tax authorities. An avocat can prepare the required tax declarations and coordinate with the tax office.

Why might I need a partition agreement among heirs?

A partition agreement ends indivision and clarifies who receives which assets. It prevents future disputes and simplifies transfers of title.

Can a non-resident inheritor participate in the Réunion estate?

Yes. An avocate can manage cross-border issues and ensure proper filings with Réunion authorities and any foreign counterparts.

Should I contest a will or a portion of the estate?

If you have grounds such as lack of testamentary capacity or improper execution, a lawyer can assess merits and guide the contest process.

Do I need a local avocat or can I use one from elsewhere?

Local experience is valuable because Réunion real estate and local practices matter. A local avocat understands island procedures and notary coordination.

Is a notaire required for estate administration in Réunion?

Not always, but notaires play a central role in real estate transfers, asset valuation, and official acts. They typically handle the formalities of succession in Réunion.

How long does a typical Réunion succession take?

Simple matters with clear assets may wrap in a few months; complex cases with real estate and multiple heirs can take 6 to 12 months or longer, depending on cooperation and disputes.

What costs should I expect in a Réunion inheritance case?

Costs include notary fees, court or arbitration costs if disputes arise, and taxes. The exact amounts depend on the estate value, heirs, and whether the partition is amiable or judicial.

5. Additional Resources

These official resources provide authoritative information on inheritance law and procedures in France and Réunion.

• Legifrance - Official portal for French laws and codes, including the Code civil and the Code général des impôts. It provides access to legal texts and official commentary. legifrance.gouv.fr
• IMPOTS.GOUV.FR - Official site of the French tax administration with guidance on droits de succession, declarations, and payment requirements. impots.gouv.fr
• Service-Public.fr - Official government portal for citizens covering succession procedures, required forms, and general guidelines. service-public.fr

6. Next Steps

1. Define your goals and a rough estate overview. List all assets in Réunion and any abroad assets, including real estate and bank accounts. Do this within one week to start the process.
2. Collect documents crucial for a succession review. Gather death certificate, will (if any), title deeds, asset valuations, and any previous gift records. Complete this within 2 weeks.
3. Consult a local avocate or notaire who specializes in droit des successions in Réunion. Schedule initial consultations within 2-4 weeks to discuss your case.
4. Request a formal opening of succession and an inventory of assets. Your lawyer or notaire will prepare the declaration and coordinate with authorities. Expect 1-2 months for initial steps.
5. Negotiate a partition agreement or prepare for a partition judiciaire if heirs disagree. Allow 1-3 months for negotiations, longer if disputes arise.
6. Address tax declarations and payments with the CGI and tax authorities. Your avocat will guide you on deadlines and documentation. Prepare within 1-2 months after assets are identified.
7. Review long-term plans for real estate and cross-border assets with your lawyer. Consider updates to wills or donations to avoid future conflicts. Schedule a review every 2-3 years or after major life changes.