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小叶子11 · 2021年05月27日

押题

Philippe and Helena Berelli live in a community property regime with their two children. The community property regime entitles a surviving spouse to receive one-half of the community property after the first spouse's death. There are also forced heirship laws in their country that entitle a spouse to one-third of the total estate and the children are entitled to split one-third of the total estate. After their marriage,Philippe received an inheritance that was retained as separate property and is worth €200,000 today. The remainder of the estate is considered community property. Suppose Philippe passes away today with a total estate of €800,000 and wishes to bequeath €300,000 to his surviving mother.


Helena is entitled to the greater of her share under community property or forced heirship rules. Under community property, she is entitled to receive one-half of the community property, or 0.50(€800,000 -€200,000) = 300,000. 为什么不减去给母亲的30万

Under forced heirship rules she is entitled to one-third of the total estate, or (1/3)( €6800,000) =€266,667. Therefore, Helena is entitled to 300,000. 680万哪里来的

1 个答案

伯恩_品职助教 · 2021年05月28日

嗨,从没放弃的小努力你好:


Helena is entitled to the greater of her share under community property or forced heirship rules. Under community property, she is entitled to receive one-half of the community property, or 0.50(€800,000 -€200,000) = 300,000. 为什么不减去给母亲的30万,——因为这里表示的是wish,还有美国法律有规定,遗产能按照自己意愿分配的有限,因为首先是夫妻有共同财产先去掉(共同财产的一半),还有孩子或者妻子的强制继承权(一般是三分之一),等把这些财富分配后剩下的才是可以按照自己意愿进行分配的财产。所以不减去30万。



Under forced heirship rules she is entitled to one-third of the total estate, or (1/3)( €6800,000) =€266,667. Therefore, Helena is entitled to 300,000. 680万哪里来的——这个是老师弄错了,已经进行勘误了,应该是80万。

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