Frequently asked questions about Succession

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My husband was retired. He passed away and left a huge debt. I plan to renounce his succession. Am I still entitled to the survivor's pension?

Yes. By renouncing the succession of your spouse, you lose the status of heir (article 805 of the Civil Code). On the other hand, you retain the status of spouse. However, the survivor's pension is a right reserved for the spouse or ex-spouse in the event of the death of…
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My father has passed away. The notary handling the estate only shows me a copy of his will and informs me that the original is with another notary. Is this legal?

Yes. Only the notary who holds the will (to whom your father entrusted it) is the custodian of the original. As soon as he is informed of the testator’s death, he must immediately draw up a report of opening and condition of the will, specifying the circumstances of its deposit…
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My mother passed away three years ago. My aunt has also just passed away. In her will, she designated my mother as the executor. Will I need to replace her?

No. As a rule, the role of executor is personal and does not transfer (Article 1025, paragraph 3 of the Civil Code), unless the testator has stated otherwise. Therefore, if your aunt made no provisions, you do not have to assume the role assigned to your mother.
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I would like to draw up a notarial will to make one of my daughters a universal legatee. My notary is asking me to appoint two witnesses. Can I choose my daughter's PACS partner?

Yes, article 975 of the French Civil Code stipulates that "neither the legatees in any capacity whatsoever, nor their relatives or allies up to and including the fourth degree (...) may be taken as witnesses to the will by public deed". The PACS partner is neither a relative nor an…
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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…
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