Frequently asked questions about Succession

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My brother and I shall inherit from our father who has just passed away. As the guardian of my weaker adult brother, am I required to go to the judge to accept the inheritance on his behalf?

No, if the value of the estate's assets is clearly greater than the amount of the debts, you can simply accept the inheritance without the judge's authorization. However, you must first and foremost obtain a certificate drawn up by the notary in charge of settling the succession establishing that the…
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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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