Frequently asked questions about Famille

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Yes, but under certain conditions. As long as the mandate has not taken effect, you can renounce your status as mandatary (art. 489 al. 2 C. civ. and 492 al. 3 C. civ.). You must notify your decision to your mother, the mandator, by registered letter with acknowledgement of receipt…

Yes. When a person dies without descendants, their surviving spouse is entitled to inherit their estate, either alone or in concurrence with the deceased's father and mother (according to articles 756 and 757-1 of the Civil Code). Civil law defines the 'successor' spouse as the surviving, undivorced spouse of the…

Buying real estate during divorce proceedings is possible, but the operation is risky. Under the old contentious divorce regime (procedures initiated before January 1, 2021, as in your case), the date of the effects of the divorce between the spouses is fixed on the date of the ONC, subject to…

... 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…

Yes . When a person is no longer able to express their will due to a medically confirmed alteration of their mental faculties, it is possible to request a family authorization from the guardianship judge. The authorization may be general or relate only to certain acts in regard to the…

Frequently asked questions about Famille

A question ? Need help ?

A few years ago, my mother had her notary draw up a mandate for future protection and appointed me as proxy. I've accepted this responsibility, but I'd like to give it up. Is this possible?

We are married and have no children. When I die, will my husband inherit my property even though we are married under the separation of property regime?

I am in the process of divorcing my husband, the non-conciliation order has just been made. If I acquire a property (married in community regime), will it belong to me in its entirety?

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 (...)

My mother, who has Alzheimer's disease, lives in a retirement home. The latter no longer has enough cash to finance it. Is it possible within the framework of a family authorization to ask the judge to buy back the premiums of her life insurance contract?