| Notaires de France

Yes. Donations escape pre-emption only when made to ascendants, descendants, or relatives up to the 6th degree (Urban Planning Code, Article L213-1-1). Unless your neighbor is related to you and the property lies in a pre-emption zone, the municipality may pre-empt.

It depends. If it was your main residence at the time of death, Article 764 grants you a lifelong right of use and occupancy (including furniture). If it was a secondary residence, they may require you to leave since the law does not grant usufruct without agreement (Civil Code, Article…

Yes. Renouncing an estate means losing heir status and all rights in the inheritance (Civil Code, Article 805).

No. The law allows conversion of usufruct into money in the form of a life annuity (Civil Code, Article 759). Without agreement, the judge decides (Article 760). However, if the usufruct concerns the surviving spouse’s main residence, the judge cannot order conversion against the spouse’s will (Article 760).

Yes. In civil companies, management may be carried out by someone who is not even a partner (Civil Code, Article 1846).

Yes. When the will is handwritten and there is no protected heir (child or surviving spouse), the notary must draw up a report of opening and description. Within one month he must send it, with a copy of the will, to the court registry so that “ any interested party…

Yes. For a mortgage to be valid it must be executed by notarial deed (Civil Code, Article 2409). The notary handles registration and publication with the land registry service. The mortgage then becomes enforceable against third parties. The notary must practice in France if the property is located in France…

No. Once granted, adoption is irrevocable (Civil Code, Article 359). However, Article 345-2 paragraph 2 of the Civil Code provides two exceptions: • A new adoption is possible if the adoptive parents have died. • A simple adoption may be granted for a child already fully adopted if there are…

No. The insurer cannot charge fees for fulfilling its legal search obligations (Insurance Code, Article L.132-5, para. 3, final part).

Yes. Insurance companies must check at least once a year whether insured persons have died (Article L.132-9-3 of the French Insurance Code); to do so they consult the National Register for the Identification of Natural Persons (RNIPP). If the insured has died, they must then search for the beneficiaries of…

I want to give my apartment to my neighbor. Can the municipality exercise its pre-emption right?

My husband died. The only property belonged to him and he had two children. Can they force me to leave despite my inheritance rights?

My husband died. Our main residence belonged solely to him. I want to renounce the inheritance, so our children receive everything. Can they force me to leave?

I chose usufruct in my late husband’s estate. His children (bare owners) now want to convert my usufruct in the main residence into capital. Can they force me?

I created a family property company (SCI) with my son: I hold usufruct and he holds bare ownership of the shares. Can I be the manager?

I am sole legatee in an estate with no children or spouse. The notary says he will send a copy of the holographic will to the court registry. Is that necessary?

I am taking out a loan, and the bank requires a mortgage to be registered on my property. For cost reasons I would like the bank to handle the formalities. My notary says this is impossible. Is that true?

I was adopted (full adoption) several years ago. I no longer get along with my adoptive parents and wish to end the adoption. Is this possible?

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?

My father has just passed away. I know he had taken out a life insurance policy naming me as beneficiary, but I don’t know the name of the insurer. Are insurers required to search for beneficiaries?