Frequently asked questions about Succession

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Following the death of our parents, we signed an act of sharing with my sisters. Two days later, one of them came to the family home to claim a property that had been assigned to me. Does she have the right to do so?

No. Following the partition, each co-heir is deemed to have succeeded alone and immediately to all the effects included in his lot and cannot take ownership of the other assets of the succession (art. 883 C. civ.). Consequently, it is not possible for a co-partitioner to appropriate property attributed to…
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My mother had a future protection mandate drafted by her notary and appointed me as the agent. Unfortunately, she passed away before the mandate was activated. I am her sole heir. Can I use this mandate to retrieve funds (15,000 euros) ...

... from her bank accounts? No. The future protection mandate ceases to apply upon the death of the person to be protected (article 483 2° of the Civil Code). You should consult a notary to establish a certificate of heirship that will allow you to recover your mother's liquid assets…
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I wish to make a will in favour of my partner to grant him the usufruct of our home. My notary advises me to exclude Article 917 of the French Civil Code to avoid joint ownership. Can you explain why?

Article 917 of the French Civil Code allows the reserved heirs, if their reserved share is encumbered by a legacy in usufruct, either to accept it or to request that the disposable portion be allocated to the legatee. This second option creates joint ownership between your partner and your children…
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I wish to grant a loan of €60,000 to one of my children Am I obliged to call on my notary to draw up the loan contract?

No, but it is preferable. In accordance with article 1359 of the civil code, a writing is required when the sum lent is greater than 1500 €. The use of a notary is recommended to avoid any dispute, especially between your heirs. Indeed, you are assured that the deed will…
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