Frequently asked questions about Succession

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We are a family of 4 siblings. The eldest is single without children and wishes to bequeath all her property to her nephews and nieces. Does she have the right to do so?

Yes. A person can freely dispose of all their assets by will, as long as they have no compulsory heirs. The beneficiaries are the children (article 913 of the Civil Code) or their descendants in the event of predecease (article 913-1 of the Civil Code), and in the absence of…
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My partner appointed me as the sole legatee of his property upon his death. Can his brothers and sisters still take over the property he received from their parents, by inheritance?

No. The universal legacy makes it possible to set aside the right of return of the brothers and sisters, including if it is made for the benefit of the Civil Union partner of the testator (art. 757-3 C. civ. et Cass. Civ. 1e, 28 Jan. 2015, n°14-20.587).
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I am in joint ownership (indivision) with my brothers over a real estate property located in Corsica, following the death of our mother. I understand that if my brother buys out our shares, we may be exempt from the partition duty. Is this correct?

Reminder: The partition duty is levied by the French tax administration when co-owners agree to terminate the joint ownership by allocating the jointly owned property to one of them. Except in specific cases, this duty is set at 2.5% of the net value of the assets being divided. Answer: Yes…
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I have just learned that my father is very indebted. To protect myself, can I already renounce his inheritance before his death?

No. Articles 720 and 722 of the Civil Code state that "inheritances open upon the death of the deceased" and that "all agreements aimed at creating rights or renouncing rights to all or part of an unopened inheritance or any of its assets only take effect if authorized by law."…
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My father has just died. I am the beneficiary of a life insurance policy he had taken out. The insurance company is charging me for “carrying out its search obligations.” Is it allowed to do so?

No. The insurer cannot charge fees for fulfilling its legal search obligations (Insurance Code, Article L.132-5, para. 3, final part).
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