Frequently asked questions about Succession

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I have a photocopy of a handwritten will. Can I use it as proof?

No. A photocopy of handwritten will is not valid because it was not written by the testator’s own hand, as required by law (Article 970 of the Civil Code). Courts have confirmed this (e.g., Cass. 1st Civ., 29 May 2013, No. 12-17.870).
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I want to give bare ownership of assets to my minor grandchildren and keep the usufruct. If I die before they reach majority, I do not want these assets to be managed by their parents. Is this possible ?

Yes. It is entirely possible to make a donation to your minor grandchildren. This donation must be accepted by their legal administrators (their parents), in accordance with Article 935 of the Civil Code. However, you can specify in the donation act that the donated assets be managed by a third…
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My husband passed away. He was a state employee. Is the death capital paid by his employer subject to an inheritance tax ?

No. The death benefit, paid under conditions and the amount of which varies according to whether the civil servant died before or after the minimum retirement age, "is not subject to transfer duties in the event of death", i.e. inheritance rights (article D712-23 of the Social Security Code).
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My sister passed away, leaving behind her spouse and one child. We were both joint owners of our late parents’ house. Her child has renounced the succession. Can I claim a right of reversion (droit de retour) over her share in this family property?

In principle, yes. The French Civil Code provides that, in the absence of descendants, assets received by a person from their parents by way of donation or inheritance, and still present in kind in their estate, are devolved half to the surviving spouse and half to the siblings (Article 757-3…
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I was living in a common-law relationship in an apartment rented solely in my partner’s name. Unfortunately, she has just passed away. Can I have the lease transferred to my name?

Yes, subject to conditions. Article 14 of Law No. 89-462 of 6 July 1989 provides that, in the event of the tenant’s death, the lease is transferred in particular “to the de facto partner who had been living with [the tenant] for at least one year at the date of…
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