Succession and Notary: legal experts in estate settlement

Updated on Wednesday 17 September 2025

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My mother passed away three years ago. My aunt has also just passed away. In her will, she designated my mother as the executor. Will I need to replace her?

No. As a rule, the role of executor is personal and does not transfer (Article 1025, paragraph 3 of the Civil Code), unless the testator has stated otherwise. Therefore, if your aunt made no provisions, you do not have to assume the role assigned to your mother.
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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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My neighbour bequeathed several real estate properties to me in his will. I only wish to keep some of them. Is this possible?

Yes, provided that a legal heir (as defined by law) accepts the succession. In that case, you may exercise the right of cantonnement, which allows a legatee to limit their acceptance to part of the assets bequeathed. This is permitted under Article 1002-1 of the French Civil Code.
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