Frequently asked questions about Succession

A question ? Need help ?

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…
See more
My mother passed away 10 years ago. Her brother has just died, and there are two heirs (my sister and I). Will we benefit from the tax allowance that my mother could have claimed if she had survived her brother?

No. Representation in matters of succession is a legal fiction allowing the heirs of a person to take their place in an estate because they are not present (due to renunciation or death). For this mechanism to apply, there must be a plurality of branches (in practice, your mother would…
See more
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…
See more
I drew up a holograph will a long time ago and now I don't know what I've done with it. I've recently drawn up a new one. Does it automatically cancel the previous will?

No. If you do not specify in your last will and testament that it cancels any prior arrangements you may have made, these will be enforceable insofar as they do not conflict with your last will and testament.
See more
Both my grandparents died in a house fire. They were married without a contract. How will their estates be settled?

If two individuals die in the same event, and each was entitled to inherit from the other, as often occurs with spouses, each estate is settled according to the order of death (Art. 725-1 C. civ.). This order can be established by any means. If it is impossible to determine…
See more

Can't find your question ?

Ask a question to a jurist of Notaires Infos

Notaires-infos

Tél. : 0.892.011.012
(0,80 cts / min.)

Poser une question