Frequently asked questions about Succession

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Ten years ago, I received a gift of real estate from my father. Will its value be reassessed at the time of his succession?

Yes. The principle of revaluation of gifts is set out in Article 860 of the Civil Code. The asset is valued at the time of partition based on its condition at the time of the gift. If the asset has been sold, the notary will consider the sale price or…
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Following my mother's death, the notary is requesting my parents' family record book to settle the estate. Unable to provide it, the notary is considering calling in a genealogist. Is this the usual procedure?

Yes, the notary in charge of settling an estate must establish the devolution of the estate (identification of heirs and indication of their legal share). In your case, the latter must ensure that your mother had no children other except you. Its role is all the more important as it…
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I want to give bare ownership of assets to my minor grandchildren and keep the usufruct. If I die before they reach majority, I do not want these assets to be managed by their parents. Is this possible ?

Yes. It is entirely possible to make a donation to your minor grandchildren. This donation must be accepted by their legal administrators (their parents), in accordance with Article 935 of the Civil Code. However, you can specify in the donation act that the donated assets be managed by a third…
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I do not have children and never will. I am considering getting married, but I would like to leave my estate to my nephews and nothing to my future wife. Is this possible?

No. In the absence of descendants, a surviving spouse who is not divorced is entitled to a reserved share amounting to one-quarter of the estate of their deceased spouse (French Civil Code, Art. 914-1). In the absence of children, it is not possible to deprive the surviving spouse of this…
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