Frequently asked questions about Succession

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Yes, the notary in charge of settling an estate must establish the devolution of the estate (identification of heirs and indication of their legal share). In your case, the latter must ensure that your mother had no children other except you. Its role is all the more important as it…

No. The right of the surviving spouse to limit their acceptance to certain assets (known as "cantonment") is only legally possible if there is a joint will between spouses (Article 1094-3 of the Civil Code). In the absence of such a provision, you can only accept or renounce the entire…

[...] Will SAFER's right of pre-emption prevent her from acquiring my shares? No, the SAFER's right of pre-emption does not apply in this case, in application of the provisions of article L143-4 3° of the Code rural et de la pêche maritime, which stipulates that: "The following may not be…

No. The Civil union partner is not entitled to inherit from his deceased partner, unless the latter has written (or had a notary write) a will in his favor, in order to allow him to benefit from all or part of succession.

No. Following the partition, each co-heir is deemed to have succeeded alone and immediately to all the effects included in his lot and cannot take ownership of the other assets of the succession (art. 883 C. civ.). Consequently, it is not possible for a co-partitioner to appropriate property attributed to…

Frequently asked questions about Succession

A question ? Need help ?

Following my mother's death, the notary is requesting my parents' family record book to settle the estate. Unable to provide it, the notary is considering calling in a genealogist. Is this the usual procedure?

My spouse passed away, and we did not have a joint will. Since he had children from a previous marriage, I receive 1/4 of his estate. Can I accept only part of his inheritance?

Following the death of our father, my sister and I inherited some farmland over which the SAFER has a right of pre-emption. I want to sell my undivided shares to my sister.

I am part of a Civil union. If I die, does my partner inherit?

Following the death of our parents, we signed an act of sharing with my sisters. Two days later, one of them came to the family home to claim a property that had been assigned to me. Does she have the right to do so?