Frequently asked questions about Succession

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My mother, a French citizen, passed away in Germany, where she had been living for several years. Which law applies to her estate?

It depends. If your mother has not drawn up a will in which she chooses her national law, the European Inheritance Regulation (n°650/2012 of July 4, 2012) must be applied. This regulation mentions that the applicable law is the of the country in which the deceased resided. Your mother's estate…
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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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I have drawn up my will and filed it with the notary. I forgot to number the sheets and indicate the contact details of the notary. Is it still valid?

Yes. The conditions of validity of the holograph will are provided for in article 970 of the Civil Code: it must be written by the hand of the testator, dated, and signed. It specifies that it is not subject to any other form.
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We have just inherited a house through joint possession with my brothers and sisters. Is it true that we have five years to share?

No. While the Civil Code provides that partition may be requested at any given time, it does not impose a maximum duration. The co-owners can even decide to conclude an agreement of joint ownership between them relating to the management of the joint goods. Its duration is limited to 5…
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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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