Notary family law: union, separation, adoption

Updated on Thursday 13 November 2025

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My son passed away. He was married and had a daughter. My daughter-in-law opted for the usufruct of the entire estate of her late husband, which only includes money. The notary told my granddaughter that she would not receive the money ...

... from this inheritance until her mother passed away. Is this true? Yes. In theory, the usufructuary cannot dispose of the property of the concerned usufruct. However, the Civil Code allows an exception when the usufruct includes elements that cannot be used without consuming them, such as money. In which…
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We have two children and have changed our matrimonial regime to universal community. If one of us dies, will the surviving spouse inherit all the community property?

Everything depends on the wording of your marriage contract. If there is an "allotment to the surviving spouse" clause, the surviving spouse becomes the owner of the entire estate. Failing this, the estate is divided between the surviving spouse and the 2 children in accordance with the law.
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6 years ago, my partner and I entered a civil partnership and had our agreement drawn up by a notary. We had opted for an undivided property regime. For professional reasons, we'd now like to adopt a separate property regime. Should we contact the notary?

Yes. If you wish to modify your Civil union, you can draw up a new agreement between yourselves, or have it drawn up by a notary. However, as your initial agreement was drawn up by a notary, you must send him your amended agreement so that he can register it…
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My partner and I have an appointment with the notary on February 10, 2024, to sign a PACS (civil union). What will be the tax declaration procedures for the income we will earn in 2024?

Like married couples, PACS partners are subject to joint taxation (Article 6, 1 CGI and 7 CGI), including for the income earned in the year the agreement is concluded (Article 6, 5th CGI). However, you can opt for separate taxation of the income you personally received during the year of…
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Nurse, one of my patients has memory loss, she lives alone with no known family. Can I request the opening of a legal protection measure for her?

Yes, but under certain conditions. In principle, only some people can ask the guardianship judge to open a protective measure (art. 430 C. civ.). These are, first and foremost, the person to be protected and his or her immediate family. Third parties should therefore not be able to apply for…
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