Frequently asked questions about Succession

No. Article L.46 of the Code of civil and military retirement pensions provides that a divorced spouse who lives in notorious cohabitation loses his right to a pension. However, for a union to be qualified as concubinage, there must be a community of life. Two people in a couple who…

No. Conditions in a will (“charges”) must be possible (Civil Code, Article 900). Here she has two capacities: legatee (bound by the condition) and legal heir as spouse. If she refuses the legacy, she is no longer bound but can still inherit as surviving spouse.

Yes, subject to conditions. Article 14 of Law No. 89-462 of 6 July 1989 provides that, in the event of the tenant’s death, the lease is transferred in particular “to the de facto partner who had been living with [the tenant] for at least one year at the date of…

No. A renouncing heir is considered never to have been an heir (Article 805 of the Civil Code). The landlord may request that a judge authorize disposal of the furniture or refer the estate to the public authority for debt recovery (Articles 809-1 to 810-3 of the Civil Code).

No. Neither the minor nor his parents may accept a succession unconditionally without the judge’s approval (Articles 388-1-1 and 387-1, 5° of the French Civil Code). Case law holds that when a minor is served with a notice to elect and his representatives remain silent, he is deemed to have…