Succession and Notary: legal experts in estate settlement

Updated on Friday 12 June 2026

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Following the death of my ex-husband, a civil servant, I benefit from a survivor's pension. I'm in a relationship again, but we don't live together. Will I lose the benefit of this right?

No. Article L.46 of the Code of civil and military retirement pensions provides that a divorced spouse who lives in notorious cohabitation loses his right to a pension. However, for a union to be qualified as concubinage, there must be a community of life. Two people in a couple who…
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I am married under the regime of community of property reduced to acquisitions. My husband has inherited an undivided share in a real estate property. Today, we wish to purchase the share of his co-owner. Will I become the owner of the property?

No. Under the community of acquisitions regime, assets received by way of succession are considered separate property of the spouse who inherits them (Article 1405, paragraph 1 of the French Civil Code). Consequently, the undivided share inherited by your spouse is his separate property. If you purchase the share of…
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I would like to have a will drawn up in order to bequeath my property to my godson. My notary is asking me to come to the meeting with 2 witnesses. Can my godson's wife be one of them?

No . Indeed, article 975 of the Civil Code specifies that legatees in any capacity whatsoever, as well as their relatives or allies up to the fourth degree, cannot be chosen as witnesses. The alliance being the bond that is established by marriage, the wife of your godchild cannot be…
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I have served a formal notice to elect on a minor heir. His legal guardians (parents) have not responded. Is he deemed to have accepted the succession unconditionally?

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…
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