Frequently asked questions about Succession

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I wish to grant a loan of €60,000 to one of my children Am I obliged to call on my notary to draw up the loan contract?

No, but it is preferable. In accordance with article 1359 of the civil code, a writing is required when the sum lent is greater than 1500 €. The use of a notary is recommended to avoid any dispute, especially between your heirs. Indeed, you are assured that the deed will…
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Under a future protection mandate established by the notary of my father (who has since been diagnosed with Alzheimer's), I have become his agent. Is it possible for me to account for my management to my own notary?

No. When the mandate is established in authentic form, the law requires the agent to render his accounts and all "useful supporting documents" to the drafting notary of said mandate (article 491 of the Civil Code).
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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…
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My married brother has just died without children or parents. Am I an heir?

No. In the absence of descendants and parents of the deceased, the surviving spouse inherits the entire estate (Art. 757-2 Civil Code). By exception, if your brother owned real estate received from your parents and still forming part of his estate, you may, under certain conditions, be entitled to half…
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My husband passed away 1 year ago. Our main residence belonged jointly to my husband and his brother. Can I take advantage of the lifetime right of article 764 of the Civil Code as a surviving spouse?

No. To be able to benefit from the lifetime right provided for by article 764 of the Civil Code, the accommodation must belong to the spouses or depend totally on the estate. However, if the accommodation was held by the deceased in joint ownership with a third party, the spouse…
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