Frequently asked questions about Succession

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My husband has just passed away. Must I file a declaration of inheritance even though I am exempt from inheritance tax?

It depends. You are exempt from filing an inheritance declaration if the gross estate assets (i.e., all your late husband’s assets without deducting debts) are valued at less than €50,000 and if he did not make any unregistered gifts to you (Art. 800 Tax Code).
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I am single with no children. I am considering appointing an animal protection association as the universal legatee of my estate. If it declines the bequest, can it choose who shall receive it instead ?

No. The will reflects the last wishes of its author. Therefore, if you appoint an association as the universal legatee, it has the option to accept or decline the bequest (Article 724-1 of the Civil Code). If it declines and you have not designated a secondary legatee, the rules of…
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My father lived in Portugal and died there. I am his sole heir, and my tax residence is in France. Am I liable for inheritance tax in France?

Yes. In the absence of a tax treaty between France and Portugal governing inheritance taxation, the French tax authorities will tax all assets located in France and abroad (Art. 750 ter 3° CGI). However, inheritance taxes paid abroad may be credited against the tax due in France (Art. 784 A…
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I am sole legatee in an estate with no children or spouse. The notary says he will send a copy of the holographic will to the court registry. Is that necessary?

Yes. When the will is handwritten and there is no protected heir (child or surviving spouse), the notary must draw up a report of opening and description. Within one month he must send it, with a copy of the will, to the court registry so that “ any interested party…
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I would like to draw up a notarial will to make one of my daughters a universal legatee. My notary is asking me to appoint two witnesses. Can I choose my daughter's PACS partner?

Yes, article 975 of the French Civil Code stipulates that "neither the legatees in any capacity whatsoever, nor their relatives or allies up to and including the fourth degree (...) may be taken as witnesses to the will by public deed". The PACS partner is neither a relative nor an…
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