Frequently asked questions about Succession

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My father has just passed away. He had very little wealth. Am I required to have an act of notoriety to unlock my bank assets?

Everything will depend on the total amount of the deceased's financial assets. To be able to obtain the payment of the funds, you must provide the bank with an affidavit drawn up by a notary if the amount is greater than 5000 euros. On the other hand, if the amount…
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Following the death of my mother, I inherited her apartment. I wish to sell it. What is the acquisition value to be used in order to determine the amount of the real estate capital gain?

The capital gain carried out on the sale of a property is equal to the difference between the sale price and the acquisition price. When the property was received following a death, the acquisition price corresponds to the value retained in the declaration of succession (art. 150 VB, I, CGI).
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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 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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My neighbour bequeathed several real estate properties to me in his will. I only wish to keep some of them. Is this possible?

Yes, provided that a legal heir (as defined by law) accepts the succession. In that case, you may exercise the right of cantonnement, which allows a legatee to limit their acceptance to part of the assets bequeathed. This is permitted under Article 1002-1 of the French Civil Code.
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