Please always bear in mind that the The reserved share under the standard three-year limitation period is subject to.
The Statute of limitations begins at the end of the year in which the inheritance arose and the person entitled to a compulsory share became aware of the facts giving rise to the claim, or failed to become aware of them through gross negligence.
In the case of a claim for a supplementary compulsory share against the heir, it should be noted that the time limit begins to run from the date on which knowledge is acquired regarding the Mandatory portion is required in the case of a gift or gifts that are detrimental. Without this knowledge, the limitation period does not begin to run.
The situation is different in the case of a claim for a supplementary compulsory portion against a non-heir who has received a gift. In this case, the time limit does not begin to run only upon becoming aware of the matter, but specifically from the time of the opening of the succession. The start of the time limit is therefore entirely independent of the beneficiary’s knowledge or grossly negligent ignorance.
This, in turn, occurs when statutory share or, in the case of a claim for a supplementary compulsory share against the heir, if the standard three-year limitation period has not commenced, the claim becomes time-barred after 30 years.
Please do not hesitate to contact us for further information.
We’d be happy to advise you on this.