Frequently asked questions about Succession

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My partner to whom I was not married has passed away. He had entered into a mandate for future protection and appointed our daughter as mandatary. This convention has never been implemented. Can my daughter invoke it to settle the estate on her own?

No. The purpose of the mandate for future protection is to allow a designated person (the mandatary) to represent the mandator who could no longer provide for his interests alone (article 477 of the Civil Code). This mandate ends on the death of the principal, whether it has been implemented…
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Is it legal to make a will one month before passing away?

Yes. The law does not set any time limit between writing a will and the day of death. However, to be valid, the testator must be of sound mind (Articles 414-1 and 901 of the Civil Code). Therefore, a person cannot make a will after the opening of guardianship without…
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My grandfather plans to give me one of his plots of land that I farm. He wants to include a right of return for my sister so that the land does not revert to my wife on my death.

The notary refuses to include this in the deed of gift. Why? In accordance with article 951 of the Civil Code, "the donor may mention the right of return of the objects donated either in the case of the death of the donee alone, or in the event of the…
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My only son has passed away. He was single and had no children. He left a will in which he bequeathed half of his estate to me and the other half to an association. Was he allowed to disinherit his father?

Yes. Under Article 736 of the French Civil Code, when a person dies without children, spouse, or siblings, their estate is divided equally between their parents. However, Article 916 specifies that parents are not protected heirs (héritiers réservataires). Therefore, your son was legally entitled to exclude his father from the…
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