Frequently asked questions about Succession

A question ? Need help ?

My ex-husband passed away. He was very spendthrift. As the legal representative of our minor child, I am considering making an acceptance up to the net assets on his behalf. Is the authorization of the guardianship judge obligatory?

No. Acceptance up to the amount of the net assets makes it possible to limit the patrimonial risks for the heir since he is not liable for the debts of the deceased, on his personal assets. As long as this acceptance does not present a risk for the minor to…
See more
My brother died leaving everything to his wife on condition she provides me “care of any kind.” If she refuses the legacy, must she still comply?

No. Conditions in a will (“charges”) must be possible (Civil Code, Article 900). Here she has two capacities: legatee (bound by the condition) and legal heir as spouse. If she refuses the legacy, she is no longer bound but can still inherit as surviving spouse.
See more
My brother has passed away. He was single and didn’t have children. My sister and I have conducted an inventory of his estate for the purposes of the tax inheritance declaration. I live abroad and was able to be represented. (...)

(...) Now the notary is asking us to personally sign the inventory closure deed. Why ? The purpose of closing the inventory is to confirm that all operations have been completed. On this occasion, those who were in possession of the deceased's assets before the inventory or who lived in…
See more
After their retirement, my parents moved to Portugal, where they bought a house. My father has passed away, and we need to appraise this residence for the inheritance declaration. How should we proceed ?

Generally, when the deceased owned real estate, the value to be considered for the inheritance declaration is the market value on the date of death (Article 761, paragraph 1 of the General Tax Code and BOI-ENR-DMTG-10-40-20 §20). This is the value that would be obtained if the property were sold…
See more
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).
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