Frequently asked questions about Succession

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My spouse has passed away, and we owned a principal residence together. I have heard about a tax allowance on the principal residence. Is this correct?

Yes. Article 764 bis of the French General Tax Code provides that, for the purposes of the inheritance tax return, a 20% allowance is applied to the market value of the deceased’s principal residence, provided that the property is occupied by certain specified persons, in particular the surviving spouse on…
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Our father (debirentier) predeceased the sellers (crédirentiers) of the property he bought as a life annuity. As the deceased's heir, do I have to continue paying the annuities until the sellers die?

Yes. As part of your father's estate, you inherited the property he had purchased as a life annuity, as well as the related debts. It is therefore your responsibility to continue paying the annuities until the death of the seller.
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Following the death of our parents, my brothers and I became joint owners of a property located in a condominium. The general meeting of co-owners is due to be held soon. Can each of us take part in the vote, given that we don't get along?

No. When a condominium is held by undivided co-owners, the indivision as a whole is represented by a joint agent chosen by the undivided co-owners. In the case of a disagreement, the representative is appointed by the president of the court to which the matter has been referred either by…
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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?

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…
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We applied for guardianship of my father. Is it up to us to pay the guardian?

No. If the measure of guardianship is entrusted to a member of the family, it is then exercised free of charge. Sometimes, the guardianship judge or the family council, realizing the importance of the property which needs to be managed or the difficulty of exercising the measure, may award compensation…
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