Frequently asked questions about Succession

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My mother had a future protection mandate drafted by her notary and appointed me as the agent. Unfortunately, she passed away before the mandate was activated. I am her sole heir. Can I use this mandate to retrieve funds (15,000 euros) ...

... from her bank accounts? No. The future protection mandate ceases to apply upon the death of the person to be protected (article 483 2° of the Civil Code). You should consult a notary to establish a certificate of heirship that will allow you to recover your mother's liquid assets…
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My father owned and operated a farm. My brother participated in this activity without being paid but received the profits from the exploitation. Can he claim a deferred salary as part of our father's estate?

No. To be able to benefit from a deferred salary claim, the descendants of the deceased farmer must be over the age of 18 and participate directly and effectively in the operation. However, they must not have been associated with profits and losses, nor received salaries in cash (L.321-13 C…
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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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