Inquire

Heir

A question ? Need help ?

I am the legatee of a sum of money in the estate of a friend. I have been waiting eight months for the payment. The notary says he must wait for the children’s approval. Why?

When the deceased leaves a specific legacy (a legatee receiving precisely designated items) and has children (forced heirs), the legatee must request delivery of the legacy from them (Art. 1014 Civil Code) to take possession of the inheritance.
See more
My mother has just passed away. We are three children, but we have not heard from one of my brothers for many years. Can the estate be settled without him?

No. Dividing an estate requires the participation of all heirs. The notary will suggest hiring a genealogist to locate your brother. If these efforts fail, the guardianship judge may, at your request and with supporting evidence of your brother’s disappearance, issue a judgment of presumption of absence (Art. 112 Civil…
See more
I was told that if no beneficiary is designated in a life insurance contract, the funds are acquired by the financial institution managing it. Is this true?

No. Article L132-11 of the French Insurance Code provides that “where life insurance in the event of death has been taken out without the designation of a beneficiary, the guaranteed capital or annuity forms part of the policyholder’s estate or succession.” Therefore, if no beneficiary is named in the contract…
See more
My father has passed away. The notary handling the estate only shows me a copy of his will and informs me that the original is with another notary. Is this legal?

Yes. Only the notary who holds the will (to whom your father entrusted it) is the custodian of the original. As soon as he is informed of the testator’s death, he must immediately draw up a report of opening and condition of the will, specifying the circumstances of its deposit…
See more
My grandfather has just passed away. He has left my aunt, my brother and me as heirs. In his will, he indicated that the available portion would go to his daughter. The notary tells me that my aunt is entitled to 2/3 of the inheritance. Is this true?

Yes. In accordance with Article 734 of the French Civil Code, in the absence of a surviving spouse, children and their descendants constitute the first order of heirs. Article 913-1 of the Civil Code specifies that all descendants are included under the term 'children,' “ even though they are to…
See more