Frequently asked questions about Succession

A question ? Need help ?

My spouse, with whom I had been living separately for several years, has just passed away. He had no children, and I have learned that he left all his assets to the Red Cross. Is this legal ?

No. Despite your years of separation, you still retain the status of "entitled spouse" (Article 732 of the Civil Code). In the absence of children, the law provides that you are entitled to at least 1/4 of his estate (Article 914-1 of the Civil Code). Therefore, you are entitled to…
See more
My aunt passed away. She wasn't married and had no children. She had planned to leave her house to me. The notary with whom she had deposited her will, told me that she had taken it back. How do I know that they’re telling the truth?

When a notary is entrusted with a will, it is registered in the central register of last wills and testaments, unless the testator objects (Art. 4.1.b of the Basel Convention of May 16, 1972, on the Establishment of a Scheme of Registration of Wills). If the will has been registered…
See more
My husband died. The only property belonged to him and he had two children. Can they force me to leave despite my inheritance rights?

It depends. If it was your main residence at the time of death, Article 764 grants you a lifelong right of use and occupancy (including furniture). If it was a secondary residence, they may require you to leave since the law does not grant usufruct without agreement (Civil Code, Article…
See more
I just found out that my father passed away 12 years ago. We no longer had any contact due to a family disagreement. Can I claim my share in the estate after so many years?

In principle, you lose the status of heir if you have not opted within the period of 10 years from the opening of the succession, from the date of death. You are then deemed to renounce this succession (article 780 al. 1 and 2 of the Civil Code) However…
See more
I am the universal legatee of a deceased person with whom I had no family relationship. If I accept this bequest, will I be able to benefit from an allowance?

Yes. Article 788 of the General Tax Code provides for an allowance of 1594 euros in the absence of any other applicable allowance. After this deduction, your tax rate will amount to 60% of the value of the bequeathed assets.
See more

Can't find your question ?

Ask a question to a jurist of Notaires Infos

Notaires-infos

Tél. : 0.892.011.012
(0,80 cts / min.)

Poser une question