Frequently asked questions about Succession

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A question ? Need help ?

Yes. Regarding co-ownership, Article 815-3 4° of the Civil Code states that a majority of two-thirds of the co-owners can "conclude and renew leases other than those concerning a property for agricultural, commercial, industrial, or artisanal use." In your case, it is a lease for agricultural use, which requires the…

... 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. Article 642 of the General Tax Code provides that when the deceased has passed away outside the department of Martinique where they were domiciled, the heirs have a one-year period to file the inheritance declaration with the tax authorities (as an exception to the six-month period).

When the spouse receives the usufruct of liquid assets, we speak of quasi-usufruct, i.e., a usufruct (right of use and enjoyment) of a thing that is consumed when used (money). In practical terms, the spouse has the right to spend the money, but is obliged to return it on his…

Yes. The law provides that the heirs “automatically succeed to the property, rights and actions of the deceased” (Article 724 of the French Civil Code). Therefore, your preliminary sale agreement is not void, and the seller’s heirs may continue the sale process.

Frequently asked questions about Succession

A question ? Need help ?

We are two brothers and one sister co-owning an agricultural land. My sister and I want to lease it, but my brother opposes. Is the agreement of all co-owners required ?

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 always lived in Martinique, but she came to the mainland for medical treatment, where she unfortunately passed away. Is it true that I have one year to file the inheritance declaration with the tax authorities ?

When my father died, my mother-in-law received the usufruct of the entire estate, which consisted mainly of liquid assets. Today, she has just died, and the liquid assets have disappeared. What can I do to recover these sums?

I signed a preliminary sale agreement to purchase an apartment. The promisor (seller) has just passed away. Am I still bound by the agreement?