No. A residual legacy (legs résiduel or de residuo) is a gift upon death (provided for in a will and executed upon your death) that designates a first legatee who will receive a property and will be required to pass it on to a second legatee, provided it still exists…

The law is silent on this matter. Therefore, it is advisable to specify the allocation of charges in the sale agreement. For example, if the life annuity is occupied, it may be agreed that the annuitant (i.e., the seller) will bear all the charges related to the property (such as…

If you sell a property as a life annuity to your child (who is your presumptive heir at the time of the sale), tax law considers this transaction as a gift, which will be charged against the disposable portion of your estate at the time of your death. In other…

Yes. The law prohibits the attorney from carrying out acts of gratuitous disposal (such as a gift) on behalf of the protected person without the prior authorisation of the guardianship judge (Article 490 of the French Civil Code)

No. Representation in matters of succession is a legal fiction allowing the heirs of a person to take their place in an estate because they are not present (due to renunciation or death). For this mechanism to apply, there must be a plurality of branches (in practice, your mother would…

No. When an heir has predeceased (in this case, your father died before his own father), his heirs represent him in the estate to be settled. For the mechanism of representation to apply, there must be a plurality of branches (in practical terms, your father would have needed to have…

As a rule, acts of disposal must be adopted by a majority of co-owners representing at least two-thirds of the votes, unless the sale of the common area affects the purpose of the building or modifies the provisions of the co-ownership regulations relating to the building’s purpose. In such a…

No. Pursuant to Article 1401 of the French Civil Code, the fruits (rental income) of separate property constitute community property. Therefore, in the event of divorce, the rental income belonging to the community will be divided equally between the spouses (Article 1475 of the Civil Code).

No. The law provides that when one spouse acts as guarantor without the express consent of the other, only their personal assets and income are liable. Therefore, if you did not sign the guarantee agreement, your earnings and salary cannot be seized (Article 1415 of the French Civil Code).