Succession and Notary: legal experts in estate settlement

Updated on Friday 12 June 2026

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After my mother’s death, my father and I invested the inheritance money in a capitalisation contract, under which he holds the usufruct and I hold the bare ownership. Can he redeem the contract without asking for my consent?

Yes, but… In a dismembered capitalisation contract, the usufructuary has the right to manage the contract and to make redemptions (partial or total) without the bare owner’s consent (Article 578 of the French Civil Code), unless otherwise stipulated. However, upon termination of the usufruct, the usufructuary must return to the…
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A few years ago, my mother signed a mandate for future protection and appointed me as her proxy. Today, she seems to be losing her memory and isn't always aware of what she's doing. How do I go about implementing this measure?

If it appears that your mother is no longer capable of looking after her own interests, you must inform her of your intention to implement the mandate. Her condition must then be certified by a doctor chosen from a list drawn up by the public prosecutor. This medical certificate and…
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I signed a preliminary sale agreement to purchase an apartment. The promisor (seller) has just passed away. Am I still bound by the agreement?

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.
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Is there a deadline for my mother to make known her choice regarding the inheritance of my father (her husband)?

No, unless expressly requested. The law provides no time limit for the surviving spouse to choose between the available inheritance options (in the presence of joint children: ¼ full ownership or full usufruct). However, an heir may ask the surviving spouse in writing to exercise their option. If the spouse…
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