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Family SCI company and inheritance laws: what happens in the event of the death of a partner/spouse?

Posted by FindHomeAbroad on July 18, 2022

Family SCI and succession: what happens in the event of the death of a partner?
Family SCI and joint possession: what differences in the event of death?

Unlike joint ownership, the SCI allows the property to be divided into shares in the event of succession. And as we have just seen, if it has been well prepared by means of successive or divided donations, the resulting taxation will be less costly. Thus, each partner being the owner of shares, these are transmitted separately to the heirs upon death.

Protecting the surviving spouse in the event of inheritance in an SCI
In the event of the death of the unmarried spouse in joint ownership, the surviving spouse does not inherit. The SCI makes it possible to protect the cohabitant or partner of PACS thanks to the crossed dismemberment of the shares (50% of the shares in usufruct and 50% in bare ownership).

The surviving spouse, therefore, receives full ownership of the shares in the event of death. This operation is particularly effective in the context of the purchase of the main residence in a family SCI.

What happens to the family SCI in the event of death?

When it is created, the statutes of the family SCI organize the terms of succession following the death of a partner.

Several scenarios are possible:

The management of the SCI automatically continues with the heirs;
The management of the SCI continues with the heirs subject to approval (establishment of a general meeting);
The shares of the heirs are redeemed by the surviving partners;
The SCI is dissolved (rarer).

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