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"A good succession is one that is anticipated..." Maitre Barbara THOMAS-DAVID, notary in Paris, responds live on RMC's "NEUMANN/LECHYPRE" program.
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…
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…
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.
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…