Frequently asked questions about Succession

A question ? Need help ?

I am French and have lived in Germany for 8 years. I want to sell a house I inherited in France. Will I pay capital gains tax?

, if y Noou meet these conditions (Article 150 U II-2° CGI): You were tax resident in France for at least two years. The property is residential. The sale occurs within 10 years of moving abroad. The exemption applies only once and up to €150,000 in net gains.
See more
My father has just died. I am the beneficiary of a life insurance policy he had taken out. The insurance company is charging me for “carrying out its search obligations.” Is it allowed to do so?

No. The insurer cannot charge fees for fulfilling its legal search obligations (Insurance Code, Article L.132-5, para. 3, final part).
See more
We are a family of 4 siblings. The eldest is single without children and wishes to bequeath all her property to her nephews and nieces. Does she have the right to do so?

Yes. A person can freely dispose of all their assets by will, as long as they have no compulsory heirs. The beneficiaries are the children (article 913 of the Civil Code) or their descendants in the event of predecease (article 913-1 of the Civil Code), and in the absence of…
See more
I am married under the regime of community of property reduced to acquisitions. My husband has inherited an undivided share in a real estate property. Today, we wish to purchase the share of his co-owner. Will I become the owner of the property?

No. Under the community of acquisitions regime, assets received by way of succession are considered separate property of the spouse who inherits them (Article 1405, paragraph 1 of the French Civil Code). Consequently, the undivided share inherited by your spouse is his separate property. If you purchase the share of…
See more
My mother had a future protection mandate drafted by her notary and appointed me as the agent. Unfortunately, she passed away before the mandate was activated. I am her sole heir. Can I use this mandate to retrieve funds (15,000 euros) ...

... from her bank accounts? No. The future protection mandate ceases to apply upon the death of the person to be protected (article 483 2° of the Civil Code). You should consult a notary to establish a certificate of heirship that will allow you to recover your mother's liquid assets…
See more

Can't find your question ?

Ask a question to a jurist of Notaires Infos

Notaires-infos

Tél. : 0.892.011.012
(0,80 cts / min.)

Poser une question