Frequently asked questions about Succession

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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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I am the legatee of a sum of money in the estate of a friend. I have been waiting eight months for the payment. The notary says he must wait for the children’s approval. Why?

When the deceased leaves a specific legacy (a legatee receiving precisely designated items) and has children (forced heirs), the legatee must request delivery of the legacy from them (Art. 1014 Civil Code) to take possession of the inheritance.
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My father has just passed away. He had drawn up his own will and then entrusted it to his notary. For the settlement of the succession, is the depositary notary obliged to record the opening of the will on death and if so, within what time frame?

Yes. The law provides that the notary depositary of the holographic will, draws up a report "on the spot" of the opening and status of the will, specifying the circumstances of its deposit. The original of the will is appended to the minutes. These documents are then maintained in the…
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My nephews renounced their father's estate 10 years ago. Their grandfather passed away last year. His house has just been sold. Can they perceive the share that should have gone to their father?

Yes. Article 754 paragraph 4 of the Civil Code provides that one can represent the person whose inheritance has been renounced. Even if the children have renounced the estate of their predeceased father, they can re present him in the estate of their grandfather.
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