Frequently asked questions about Succession

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No, if the value of the estate's assets is clearly greater than the amount of the debts, you can simply accept the inheritance without the judge's authorization. However, you must first and foremost obtain a certificate drawn up by the notary in charge of settling the succession establishing that the…

Yes, but only under certain conditions. The defaulting co-owner, who is neither presumed absent nor unable to express his will due to removal, must then be given formal notice by extrajudicial act to be represented at the partition. The request must come from one of the co-sharers. If within three…

If it appears that your mother is no longer capable of looking after her own interests, you must inform her of your intention to implement the mandate. Her condition must then be certified by a doctor chosen from a list drawn up by the public prosecutor. This medical certificate and…

Yes, but… In a dismembered capitalisation contract, the usufructuary has the right to manage the contract and to make redemptions (partial or total) without the bare owner’s consent (Article 578 of the French Civil Code), unless otherwise stipulated. However, upon termination of the usufruct, the usufructuary must return to the…

Yes. Under Article 736 of the French Civil Code, when a person dies without children, spouse, or siblings, their estate is divided equally between their parents. However, Article 916 specifies that parents are not protected heirs (héritiers réservataires). Therefore, your son was legally entitled to exclude his father from the…

Frequently asked questions about Succession

A question ? Need help ?

My brother and I shall inherit from our father who has just passed away. As the guardian of my weaker adult brother, am I required to go to the judge to accept the inheritance on his behalf?

One of the co-heirs has accepted the succession but has not responded to reminders from the notary for several months. Can we still share?

A few years ago, my mother signed a mandate for future protection and appointed me as her proxy. Today, she seems to be losing her memory and isn't always aware of what she's doing. How do I go about implementing this measure?

After my mother’s death, my father and I invested the inheritance money in a capitalisation contract, under which he holds the usufruct and I hold the bare ownership. Can he redeem the contract without asking for my consent?

My only son has passed away. He was single and had no children. He left a will in which he bequeathed half of his estate to me and the other half to an association. Was he allowed to disinherit his father?