Frequently asked questions about Succession

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I have renounced my mother's estate. I am currently two months pregnant. Will I also need to renounce the estate on behalf of my child once they are born?

Yes. Under Article 725 of the French Civil Code, a child who was already conceived at the time of the deceased’s death may inherit, provided they are born viable. Since you have renounced the succession, your unborn child becomes the next heir to your mother’s estate. However, the renunciation on…
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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?

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…
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My neighbour bequeathed several real estate properties to me in his will. I only wish to keep some of them. Is this possible?

Yes, provided that a legal heir (as defined by law) accepts the succession. In that case, you may exercise the right of cantonnement, which allows a legatee to limit their acceptance to part of the assets bequeathed. This is permitted under Article 1002-1 of the French Civil Code.
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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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