| Notaires de France

Yes. In accordance with Article 734 of the French Civil Code, in the absence of a surviving spouse, children and their descendants constitute the first order of heirs. Article 913-1 of the Civil Code specifies that all descendants are included under the term 'children,' “even though they are to be…

Yes. In principle, nothing prevents you from enclosing the building, unless otherwise stipulated in the easement deed. If this is not the case, article 701 of the French Civil Code prohibits the owner of the servient land from "diminishing its use or making it more inconvenient". So, if you decide…

No. Article 12-1 of the French National Rules of Notaries prescribes that the notary must, as a rule, have the parties to the deed sign in his office. Exceptionally, he may have them sign at other specified locations, such as a hospital. Article L 221-2 7° of the French Consumer…

Yes, but under certain conditions. In principle, only some people can ask the guardianship judge to open a protective measure (art. 430 C. civ.). These are, first and foremost, the person to be protected and his or her immediate family. Third parties should therefore not be able to apply for…

No. Professional leases are governed by article 57 A of law no. 86-1290 of December 23, 1986, which does not give the lessee any right of pre-emption. This means that you are not obliged to offer him the sale of your property as a priority. You should, however, check that…

No. If you do not specify in your last will and testament that it cancels any prior arrangements you may have made, these will be enforceable insofar as they do not conflict with your last will and testament.

Yes. It is possible to draw up a "future protection" mandate before a notary, in which you appoint a trustworthy person to look after your child's interests. You must be materially and emotionally responsible for your child at the time the mandate is signed, and the child must be unable…

Yes. Everything depends on how you draft your deed of gift. If nothing has been stipulated, as the gift is irrevocable, the law does not allow you to recover your property. On the other hand, if a "conventional return clause" has been provided for in the event of the predecease…

Yes, under certain conditions. It is possible to benefit from an exemption from capital gains tax when the property sold constitutes the seller's principal residence on the day of sale (art. 150 U CGI). For tax purposes, this residence can only be a residential property. Legally, a barge is a…

No. In principle, usufruct ends with the death of the usufructuary (art. 617 C. civ.). However, if the donor retains the usufruct of the donated property, it is possible to include a "reversion of usufruct" clause in the deed of donation. In this way, on the donor's death, the usufruct…

My grandfather has just passed away. He has left my aunt, my brother and me as heirs. In his will, he indicated that the available portion would go to his daughter. The notary tells me that my aunt is entitled to 2/3 of the inheritance. Is this true?

I'm about to buy a property on which my neighbor has a right-of-way that gives him access to his electricity meter, which is installed in an outbuilding. This building is currently open, but could I close it off?

I own a property and am currently in hospital. My notary came to the hospital 9 days ago to have me sign a preliminary sales agreement. Now I want to retract. Do I have the right to do so ?

Nurse, one of my patients has memory loss, she lives alone with no known family. Can I request the opening of a legal protection measure for her?

I have signed a professional lease with an association. At the end of the lease, I want to sell the property. Does the tenant have a right of pre-emption?

I drew up a holograph will a long time ago and now I don't know what I've done with it. I've recently drawn up a new one. Does it automatically cancel the previous will?

I have an adult disabled child. I'd like to be able to choose the person in charge of his or her interests in the event of my death. Is this possible?

I gave an apartment to my daughter, who has three children. If she dies before me, the notary tells me it's possible to get it back. Is this true?

I own a barge on the Seine in which I live. I would like to sell it. Can I claim exemption from capital gains tax on the sale?

I am the sole owner of a studio apartment that I would like to give to my daughter, retaining the usufruct. I am married. When I die, will my husband benefit from the usufruct of this property?