A taxpayer is liable for the real estate wealth tax when the total value of their real estate assets exceeds €1,800,000 (Article 964 of the French General Tax Code). In the situation described, the law provides that the property must be declared at its full ownership value in the usufructuary’s…
No. The law prohibits an adult under protective measures (placed under judicial safeguard, guardianship, curatorship, or family authorisation) from divorcing by mutual consent (Article 229-2, 2° of the French Civil Code).
No. The law requires the landlord to provide the tenant with a “decent” dwelling (Article 6 of Law No. 89-462 of 6 July 1989). A decree dated 30 January 2002 defines the criteria for decent housing. It specifies that a dwelling must be equipped “with a kitchen or a kitchenette…
Yes. The law provides that the heirs “automatically succeed to the property, rights and actions of the deceased” (Article 724 of the French Civil Code). Therefore, your preliminary sale agreement is not void, and the seller’s heirs may continue the sale process.
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).
Yes, subject to conditions. The donation must be allocated to a project that meets the criteria set out in Article 200 of the French General Tax Code (cultural, social, educational nature, etc.). The municipality must record the donation separately in its accounts, use it in accordance with your wishes, and…
No. Neither the minor nor his parents may accept a succession unconditionally without the judge’s approval (Articles 388-1-1 and 387-1, 5° of the French Civil Code). Case law holds that when a minor is served with a notice to elect and his representatives remain silent, he is deemed to have…
No. The division of property resulting from an inheritance between the original co-heirs, their spouses, ascendants, descendants, or universal successors is not subject to capital gains tax (Article 150 U IV of the French General Tax Code).
Yes. The original of a will is kept by the notary who has custody of it, meaning the one who received it and filed it among his official records (Article 1007 of the French Civil Code). The notary you have appointed to handle the estate therefore only has a copy.