Frequently asked questions about Succession

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I wish to make a will in favour of my partner to grant him the usufruct of our home. My notary advises me to exclude Article 917 of the French Civil Code to avoid joint ownership. Can you explain why?

Article 917 of the French Civil Code allows the reserved heirs, if their reserved share is encumbered by a legacy in usufruct, either to accept it or to request that the disposable portion be allocated to the legatee. This second option creates joint ownership between your partner and your children…
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I found out that all the heirs of my tenant who died 6 months ago have decided to renounce his estate. The apartment is still furnished with furniture from my former tenant. Can I get rid of it?

No. A landlord cannot himself recover the accommodation and get rid of the furniture of his deceased tenant. When there is no known heir and if the rental contract has ended, the owner must first obtain a court decision (article 1324 of the Code of Civil Procedure). The costs of…
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My father has just passed away. I know he had taken out a life insurance policy naming me as beneficiary, but I don’t know the name of the insurer. Are insurers required to search for beneficiaries?

Yes. Insurance companies must check at least once a year whether insured persons have died (Article L.132-9-3 of the French Insurance Code); to do so they consult the National Register for the Identification of Natural Persons (RNIPP). If the insured has died, they must then search for the beneficiaries of…
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My father has passed away. He was the sole owner of a house where he lived with his wife. In his holographic will, he deprived her of her legal rights to the estate and gave her the usufruct of his movable property. Can she continue to live in the house?

Yes. Article 764 of the Civil Code provides for the benefit of the surviving spouse a right of habitation to the accommodation which he occupied as his principal residence at the time of death, and a right of use to the furniture within the latter. It can only be deprived…
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