Frequently asked questions about Succession

No. A residual legacy (legs résiduel or de residuo) is a gift upon death (provided for in a will and executed upon your death) that designates a first legatee who will receive a property and will be required to pass it on to a second legatee, provided it still exists…

It depends. The law stipulates that daughters-in-law and sons-in-law are obliged to help their parents-in-law materially and financially as part of the obligation to provide support (art. 206 C. civ.). The death of your husband does not terminate this obligation (Lyon Jan. 25, 1967). On the other hand, if you…

No. The law allows conversion of usufruct into money in the form of a life annuity (Civil Code, Article 759). Without agreement, the judge decides (Article 760). However, if the usufruct concerns the surviving spouse’s main residence, the judge cannot order conversion against the spouse’s will (Article 760).

No. The law strictly prohibits any gifts or legacies to court-appointed guardians for protected adults, regardless of when the will was written (Article 909 paragraph 2 of the Civil Code).

No. Dividing an estate requires the participation of all heirs. The notary will suggest hiring a genealogist to locate your brother. If these efforts fail, the guardianship judge may, at your request and with supporting evidence of your brother’s disappearance, issue a judgment of presumption of absence (Art. 112 Civil…