Notary family law: union, separation, adoption

Updated on Friday 26 June 2026

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My cousin passed away. She was married but separated from her spouse. She had no children, no siblings and her parents passed away as well. In her will, she bequeathed all of her real estate to me. My notary tells me that if I give up (...)

... her property will revert to her spouse. Is it correct? Yes . Renunciation of a bequest has the effect of rendering the testamentary disposition null and void (art. 1043 C. civ.). The devolution of inheritance then takes place as if this provision had never existed. Since your cousin has…
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My sister and I are heirs to our father’s estate. My sister is under enhanced guardianship (curatelle renforcée). Do we need the judge’s authorisation to accept the inheritance outright?

No, subject to conditions. A person under guardianship may accept an inheritance alone, provided they have a certificate from the notary stating that the assets clearly exceed the liabilities (Article 467 of the French Civil Code, which refers to Article 507-1 of the Civil Code on guardianship). In the absence
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My husband was retired. He passed away and left a huge debt. I plan to renounce his succession. Am I still entitled to the survivor's pension?

Yes. By renouncing the succession of your spouse, you lose the status of heir (article 805 of the Civil Code). On the other hand, you retain the status of spouse. However, the survivor's pension is a right reserved for the spouse or ex-spouse in the event of the death of…
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My cousin passed away. She was married but separated from her spouse. She had no children, no siblings and her parents passed away as well. In her will, she bequeathed all of her real estate to me. My notary tells me that if I give up (...)

... her property will revert to her spouse. Is it correct? Yes . Renunciation of a bequest has the effect of rendering the testamentary disposition null and void (art. 1043 C. civ.). The devolution of inheritance then takes place as if this provision had never existed. Since your cousin has…
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My spouse, with whom I had been living separately for several years, has just passed away. He had no children, and I have learned that he left all his assets to the Red Cross. Is this legal ?

No. Despite your years of separation, you still retain the status of "entitled spouse" (Article 732 of the Civil Code). In the absence of children, the law provides that you are entitled to at least 1/4 of his estate (Article 914-1 of the Civil Code). Therefore, you are entitled to…
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