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Organize at the time of death

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My father has died, leaving three children and we find ourselves in undivided ownership of his house, which constituted. My eldest brother and I want to sell it. What should we do if our younger brother doesn't agree?

You each share one-third of the property. With your older brother, you therefore have a two-thirds majority. This quota is not without interest for a sale, since article 815-5-1 of the French Civil Code provides a solution to the lack of unanimity: " Except in the case of dismemberment of…
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Is it legal to make a will one month before passing away?

Yes. The law does not set any time limit between writing a will and the day of death. However, to be valid, the testator must be of sound mind (Articles 414-1 and 901 of the Civil Code). Therefore, a person cannot make a will after the opening of guardianship without…
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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…
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Following the death of our father, my sister and I inherited some farmland over which the SAFER has a right of pre-emption. I want to sell my undivided shares to my sister.

[...] Will SAFER's right of pre-emption prevent her from acquiring my shares? No, the SAFER's right of pre-emption does not apply in this case, in application of the provisions of article L143-4 3° of the Code rural et de la pêche maritime, which stipulates that: "The following may not be…
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I am a legatee under a partition will. If I renounce it, does that mean I also renounce my parent’s estate?

Yes. Through a partition will, the testator divides and allocates their assets among their heirs. Allowing a legatee to renounce the will while accepting the estate as a legal heir would undermine the division intended by the deceased (Article 1079 of the French Civil Code).
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