Frequently asked questions about Succession

No. To be able to benefit from the lifetime right provided for by article 764 of the Civil Code, the accommodation must belong to the spouses or depend totally on the estate. However, if the accommodation was held by the deceased in joint ownership with a third party, the spouse…

If it appears that your mother is no longer capable of looking after her own interests, you must inform her of your intention to implement the mandate. Her condition must then be certified by a doctor chosen from a list drawn up by the public prosecutor. This medical certificate and…

A marriage contract governs the couple’s property during marriage, but not succession. In your case, and unless there is a will stating otherwise, the law provides that you inherit the entire estate (Article 757-2 of the Civil Code).

Yes. In the absence of descendants, the surviving spouse is a forced heir entitled to one quarter of the estate (Art. 914-1 Civil Code).

No. If there is no spousal gift (also known as a “gift to the last living”), the law provides that the surviving spouse may only claim one-quarter of the estate in full ownership when the deceased leaves children from another union (Art. 757 Civil Code). Good to know: a spousal…