Frequently asked questions about Succession

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... her property will revert to her spouse. Is it correct? Yes . Renunciation of a bequest has the effect of rendering the testamentary disposition null and void (art. 1043 C. civ.). The devolution of inheritance then takes place as if this provision had never existed. Since your cousin has…

No. To be able to benefit from a deferred salary claim, the descendants of the deceased farmer must be over the age of 18 and participate directly and effectively in the operation. However, they must not have been associated with profits and losses, nor received salaries in cash (L.321-13 C…

Yes. Article 754 paragraph 4 of the Civil Code provides that one can represent the person whose inheritance has been renounced. Even if the children have renounced the estate of their predeceased father, they can re present him in the estate of their grandfather.

Yes, but only under certain conditions. The defaulting co-owner, who is neither presumed absent nor unable to express his will due to removal, must then be given formal notice by extrajudicial act to be represented at the partition. The request must come from one of the co-sharers. If within three…

No. When the compensatory allowance was paid in the form of an annuity, at the time of the death of the debtor spouse, in principle it is immediately payable in the form of a lump sum. Reversion pensions are deducted from the amount of this compensatory allowance (art. 280-1 and…

Frequently asked questions about Succession

A question ? Need help ?

My cousin passed away. She was married but separated from her spouse. She had no children, no siblings and her parents passed away as well. In her will, she bequeathed all of her real estate to me. My notary tells me that if I give up (...)

My father owned and operated a farm. My brother participated in this activity without being paid but received the profits from the exploitation. Can he claim a deferred salary as part of our father's estate?

My nephews renounced their father's estate 10 years ago. Their grandfather passed away last year. His house has just been sold. Can they perceive the share that should have gone to their father?

One of the co-heirs has accepted the succession but has not responded to reminders from the notary for several months. Can we still share?

Following their divorce, my father paid his ex-wife a compensatory allowance, in the form of an annuity. He has passed away. I learned that she was going to receive a survivor's pension. Are these two services cumulative?