Frequently asked questions about Succession

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My brother passed away and I am his sole heir. He didn’t own any property and had €4,000 in his bank account. Am I required to file an inheritance tax return?

Yes. The law requires you to file an inheritance tax return because you are a collateral-line heir and the estate’s value exceeds €3,000 (Article 800 of the French General Tax Code). The inheritance return must include all assets and liabilities of the estate and be submitted to the tax authorities…
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I signed a preliminary sale agreement to purchase an apartment. The promisor (seller) has just passed away. Am I still bound by the agreement?

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.
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I drew up a holograph will a long time ago and now I don't know what I've done with it. I've recently drawn up a new one. Does it automatically cancel the previous will?

No. If you do not specify in your last will and testament that it cancels any prior arrangements you may have made, these will be enforceable insofar as they do not conflict with your last will and testament.
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I plan to have a mandate for future protection drawn up by my notary. Is it true that this warrant cannot be challenged once activated?

No. The future protection mandate allows you to designate in advance one or more people to represent you, in the event that you or you are no longer able to provide for your interests alone. However, the law provides for cases of termination of the mandate (article 483 of the…
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Following their divorce, my father paid his ex-wife a compensatory allowance, in the form of an annuity. He has passed away. I learned that she was going to receive a survivor's pension. Are these two services cumulative?

No. When the compensatory allowance was paid in the form of an annuity, at the time of the death of the debtor spouse, in principle it is immediately payable in the form of a lump sum. Reversion pensions are deducted from the amount of this compensatory allowance (art. 280-1 and…
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