Frequently asked questions about Succession

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A question ? Need help ?

Yes, but… The law applicable to your mother’s estate is French law, since her tax residence was in France. You may choose any notary you wish, but only a French notary can file the deeds recording the transfer of ownership of your mother’s real estate with the Land Registry (Article…

No. The surviving spouse who co-owns the deceased's property can request the preferential allocation of the main residence if it was already their home at the time of death (Article 831-2, 1° Civil Code). If requested, this allocation is automatic and binding on the other co-owners (Article 831-3 Civil Code).

It depends. If your mother has not drawn up a will in which she chooses her national law, the European Inheritance Regulation (n°650/2012 of July 4, 2012) must be applied. This regulation mentions that the applicable law is the of the country in which the deceased resided. Your mother's estate…

Reminder: The reduction indemnity is a sum owed to the reserved heirs by a beneficiary (donee or legatee) who receives assets exceeding their share of the estate. It is calculated during the liquidation of the estate and is generally payable at the time of the division, unless otherwise agreed. Solution…

No. When the compensatory allowance was paid in the form of an annuity, at the time of the death of the debtor spouse, in principle it is immediately payable in the form of a lump sum. Reversion pensions are deducted from the amount of this compensatory allowance (art. 280-1 and…

Frequently asked questions about Succession

A question ? Need help ?

I am a Swiss tax resident. My mother, who passed away this year, lived in France in a house she owned and did not make a will. Can I appoint a notary in Switzerland?

My spouse has passed away. He owned the apartment where we were living at the time of his death, which he bought before our marriage. I have a ¼ share of his estate. I want to become the owner, but his children do not agree. Can they prevent it?

My mother, a French citizen, passed away in Germany, where she had been living for several years. Which law applies to her estate?

As part of settling my mother's estate, I owe a reduction indemnity to my brother. However, I am unable to pay it. What can I do?

Following their divorce, my father paid his ex-wife a compensatory allowance, in the form of an annuity. He has passed away. I learned that she was going to receive a survivor's pension. Are these two services cumulative?