Family and Inheritance Law
Core concepts
Know the matrimonial property regimes, especially the statutory community of property and the ability to contract a separate regime. Understand the rights of the surviving spouse, the reserved share of heirs, and the classes of intestate heirs. Master testamentary forms, the requirements for validity, revocation, and the interpretation of wills. Understand the protected share (reserved portion) and the reduction of excessive dispositions. Know the rules on adoption, parentage and maintenance obligations, which can generate enforceable claims.
Traps
Questions confuse the surviving spouse's share under intestacy with the reserved share. Another trap concerns the formal requirements of holographic versus notarial wills, and whether witnesses are required. Watch for confusion between disinheritance and unworthiness to inherit.
Worked example
If the deceased leaves a spouse and two children, the estate is divided into three equal parts, with the spouse taking one part and each child one part, subject to any reserved share claims. Always identify the heirs and their portions before assessing whether a disposition must be reduced.
Rule of thumb
First determine the applicable regime (testate or intestate), then the heirs and portions, then whether any reserved share limits the disposition.