Frequently asked questions about Succession

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My father has passed away. He was the sole owner of a house where he lived with his wife. In his holographic will, he deprived her of her legal rights to the estate and gave her the usufruct of his movable property. Can she continue to live in the house?

Yes. Article 764 of the Civil Code provides for the benefit of the surviving spouse a right of habitation to the accommodation which he occupied as his principal residence at the time of death, and a right of use to the furniture within the latter. It can only be deprived…
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My father is under a notarized future protection mandate. I am the agent. He intended to make a donation but could not do so before this measure was implemented. Is it still possible ?

Yes. A future protection mandate does not prevent the protected person from disposing of their property with the assistance of their agent. However, Article 490 paragraph 2 of the Civil Code requires the agent to obtain the authorization of the guardianship judge to "perform a disposition act for free." The…
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I became the usufructuary of my spouse's property upon his/her death. Do I have to declare the value of freehold assets to calculate the IFI?

No, if the dismemberment of ownership results from the option exercised within the framework of your legal rights (article 757 of the Civil Code), you only declare the value of the usufruct. This value is determined according to the scale of article 669 of the General Tax Code, according to…
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Containment: How can you draw out an emergency will?

Notaries continue to advise their clients on their testamentary dispositions. In case of emergency and necessity, they may have to travel to collect an authentic will for clients who are very sick or even at the end of their life. All in compliance with the regulations and sanitary rules, which…
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