Frequently asked questions about Succession

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.

A marriage contract governs the couple’s property during marriage, but not succession. In your case, and unless there is a will stating otherwise, the law provides that you inherit the entire estate (Article 757-2 of the Civil Code).

No. Conditions in a will (“charges”) must be possible (Civil Code, Article 900). Here she has two capacities: legatee (bound by the condition) and legal heir as spouse. If she refuses the legacy, she is no longer bound but can still inherit as surviving spouse.

No. Article 784, 4° of the Civil Code states that certain actions at the time of death cannot be considered as tacit acceptance of the inheritance. This includes " acts related to the termination of the employment contract of the deceased employer’s employee, the payment of salaries and allowances due…

In principle, yes. The French Civil Code provides that, in the absence of descendants, assets received by a person from their parents by way of donation or inheritance, and still present in kind in their estate, are devolved half to the surviving spouse and half to the siblings (Article 757-3…