Frequently asked questions about Succession

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My husband passed away 1 year ago. Our main residence belonged jointly to my husband and his brother. Can I take advantage of the lifetime right of article 764 of the Civil Code as a surviving spouse?

No. To be able to benefit from the lifetime right provided for by article 764 of the Civil Code, the accommodation must belong to the spouses or depend totally on the estate. However, if the accommodation was held by the deceased in joint ownership with a third party, the spouse…
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My widowed mother passed away 15 years ago, and my brother and I never went to a notary to settle her estate. We want to sell her house, but a friend told me that we no longer have the authority to do so. Is this true?

Yes. Upon a person’s death, their heirs have 10 years to declare whether they accept or reject the estate (Article 780, paragraph 1 of the Civil Code). After this period, they are considered to have renounced the estate (Article 780, paragraph 2 of the Civil Code) and therefore no longer…
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Can I keep the will I just wrote at home?

Yes. A handwritten will is valid if it is written, dated, and signed by your hand (Article 970 of the Civil Code). However, for safekeeping, it is advisable to deposit it with a notary who will also register it in the national registry of wills.
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My father has just died. I am the beneficiary of a life insurance policy he had taken out. The insurance company is charging me for “carrying out its search obligations.” Is it allowed to do so?

No. The insurer cannot charge fees for fulfilling its legal search obligations (Insurance Code, Article L.132-5, para. 3, final part).
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My husband has just passed away. Must I file a declaration of inheritance even though I am exempt from inheritance tax?

It depends. You are exempt from filing an inheritance declaration if the gross estate assets (i.e., all your late husband’s assets without deducting debts) are valued at less than €50,000 and if he did not make any unregistered gifts to you (Art. 800 Tax Code).
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