Frequently asked questions about Succession

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I am a legatee under a partition will. If I renounce it, does that mean I also renounce my parent’s estate?

Yes. Through a partition will, the testator divides and allocates their assets among their heirs. Allowing a legatee to renounce the will while accepting the estate as a legal heir would undermine the division intended by the deceased (Article 1079 of the French Civil Code).
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Following the death of my mother, I inherited her apartment. I wish to sell it. What is the acquisition value to be used in order to determine the amount of the real estate capital gain?

The capital gain carried out on the sale of a property is equal to the difference between the sale price and the acquisition price. When the property was received following a death, the acquisition price corresponds to the value retained in the declaration of succession (art. 150 VB, I, CGI).
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I was told that if no beneficiary is designated in a life insurance contract, the funds are acquired by the financial institution managing it. Is this true?

No. Article L132-11 of the French Insurance Code provides that “where life insurance in the event of death has been taken out without the designation of a beneficiary, the guaranteed capital or annuity forms part of the policyholder’s estate or succession.” Therefore, if no beneficiary is named in the contract…
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I signed a revelation contract suggested by a genealogist at home yesterday. Upon reflection, I realize the payout percentage is too high. Can I retract and cancel everything ?

Yes. The revelation contract proposed by a genealogist is subject to consumer protection rules ( Rep. Min. Pajon au JOAN du 23-10-2000 n° 50427 ), and consequently to the rules concerning door-to-door sales. You therefore have the 14-day withdrawal period provided for in Article L.221-18 of the Consumer Code applicable…
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Following their divorce, my father paid his ex-wife a compensatory allowance, in the form of an annuity. He has passed away. I learned that she was going to receive a survivor's pension. Are these two services cumulative?

No. When the compensatory allowance was paid in the form of an annuity, at the time of the death of the debtor spouse, in principle it is immediately payable in the form of a lump sum. Reversion pensions are deducted from the amount of this compensatory allowance (art. 280-1 and…
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