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The electronic authentic power of attorney for remote appearance presented to all European notariats
16 December 2020
This Thursday, December 10, 2020, the Council of the Notariats of the European Union (CNUE) held a virtual conference bringing together more than two
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No. The right of the surviving spouse to limit their acceptance to certain assets (known as "cantonment") is only legally possible if there is a joint will between spouses (Article 1094-3 of the Civil Code). In the absence of such a provision, you can only accept or renounce the entire…
Yes. The law provides that the notary depositary of the holographic will, draws up a report "on the spot" of the opening and status of the will, specifying the circumstances of its deposit. The original of the will is appended to the minutes. These documents are then maintained in the…
"A good succession is one that is anticipated..." Maitre Barbara THOMAS-DAVID, notary in Paris, responds live on RMC's "NEUMANN/LECHYPRE" program.
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…
No, if the value of the estate's assets is clearly greater than the amount of the debts, you can simply accept the inheritance without the judge's authorization. However, you must first and foremost obtain a certificate drawn up by the notary in charge of settling the succession establishing that the…
Yes. In accordance with Article 734 of the French Civil Code, in the absence of a surviving spouse, children and their descendants constitute the first order of heirs. Article 913-1 of the Civil Code specifies that all descendants are included under the term 'children,' “ even though they are to…
Yes. The law provides that the notary depositary of the holographic will, draws up a report "on the spot" of the opening and status of the will, specifying the circumstances of its deposit. The original of the will is appended to the minutes. These documents are then maintained in the…
If it appears that your mother is no longer capable of looking after her own interests, you must inform her of your intention to implement the mandate. Her condition must then be certified by a doctor chosen from a list drawn up by the public prosecutor. This medical certificate and…
Yes. Article 764 of the Civil Code provides for the benefit of the surviving spouse a right of habitation to the accommodation which he occupied as his principal residence at the time of death, and a right of use to the furniture within the latter. It can only be deprived…
No, if the value of the estate's assets is clearly greater than the amount of the debts, you can simply accept the inheritance without the judge's authorization. However, you must first and foremost obtain a certificate drawn up by the notary in charge of settling the succession establishing that the…
Notaries continue to advise their clients on their testamentary dispositions. In case of emergency and necessity, they may have to travel to collect an authentic will for clients who are very sick or even at the end of their life. All in compliance with the regulations and sanitary rules, which…
... from this inheritance until her mother passed away. Is this true? Yes. In theory, the usufructuary cannot dispose of the property of the concerned usufruct. However, the Civil Code allows an exception when the usufruct includes elements that cannot be used without consuming them, such as money. In which…
Yes. Article 642 of the General Tax Code provides that when the deceased has passed away outside the department of Martinique where they were domiciled, the heirs have a one-year period to file the inheritance declaration with the tax authorities (as an exception to the six-month period).
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Partially. By will, you can bequeath this house to your daughter with the condition that she keeps and transfers it to her son (Article 1051 of the Civil Code). However, the law does not allow you to impose this condition on your grandson (Article 1053 paragraph 1 of the Civil…
The capital gain carried out on the sale of a property is equal to the difference between the sale price and the acquisition price. When the property was received following a death, the acquisition price corresponds to the value retained in the declaration of succession (art. 150 VB, I, CGI).
..do they have the right? Yes. The law is clear: Article 1094-3 of the Civil Code states that " Children or descendants may, notwithstanding any stipulation to the contrary by the donor, require that an inventory of movable property and an appraisal of immovable property subject to usufruct be made
The notary refuses to include this in the deed of gift. Why? In accordance with article 951 of the Civil Code, "the donor may mention the right of return of the objects donated either in the case of the death of the donee alone, or in the event of the…
Yes. By renouncing the succession of your spouse, you lose the status of heir (article 805 of the Civil Code). On the other hand, you retain the status of spouse. However, the survivor's pension is a right reserved for the spouse or ex-spouse in the event of the death of…
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…
No, if the dismemberment of ownership results from the option exercised within the framework of your legal rights (article 757 of the Civil Code), you only declare the value of the usufruct. This value is determined according to the scale of article 669 of the General Tax Code, according to…
[...] Will SAFER's right of pre-emption prevent her from acquiring my shares? No, the SAFER's right of pre-emption does not apply in this case, in application of the provisions of article L143-4 3° of the Code rural et de la pêche maritime, which stipulates that: "The following may not be…
Generally, when the deceased owned real estate, the value to be considered for the inheritance declaration is the market value on the date of death (Article 761, paragraph 1 of the General Tax Code and BOI-ENR-DMTG-10-40-20 §20). This is the value that would be obtained if the property were sold…
No. The will reflects the last wishes of its author. Therefore, if you appoint an association as the universal legatee, it has the option to accept or decline the bequest (Article 724-1 of the Civil Code). If it declines and you have not designated a secondary legatee, the rules of…
Yes . You can keep your holographic will at home. But by doing so, you take the risk that it will not be discovered when you die or that one of your relatives will make it disappear. As a precaution, you can give it to a notary and ask them…
No. Article 780 of the Civil Code provides that you have 10 years from his death to manifest your intention to inherit, unless you had "legitimate reasons for being unaware of the birth of [your] right, mainly the opening of the succession [the death]”.
No. A landlord cannot himself recover the accommodation and get rid of the furniture of his deceased tenant. When there is no known heir and if the rental contract has ended, the owner must first obtain a court decision (article 1324 of the Code of Civil Procedure). The costs of…
Yes. It is entirely possible to make a donation to your minor grandchildren. This donation must be accepted by their legal administrators (their parents), in accordance with Article 935 of the Civil Code. However, you can specify in the donation act that the donated assets be managed by a third…
It depends. If your mother has not drawn up a will in which she chooses her national law, the European Inheritance Regulation (n°650/2012 of July 4, 2012) must be applied. This regulation mentions that the applicable law is the of the country in which the deceased resided. Your mother's estate…
No. While the Civil Code provides that partition may be requested at any given time, it does not impose a maximum duration. The co-owners can even decide to conclude an agreement of joint ownership between them relating to the management of the joint goods. Its duration is limited to 5…
No. The purpose of the real estate certificate of ownership, published at the land registry office, is to record the transfer of ownership following a death. However, article 29, last paragraph, of decree no. 55-22 of January 4, 1955, states that it is possible not to issue such a certificate…
Yes. The conditions of validity of the holograph will are provided for in article 970 of the Civil Code: it must be written by the hand of the testator, dated, and signed. It specifies that it is not subject to any other form.
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No. The universal legacy makes it possible to set aside the right of return of the brothers and sisters, including if it is made for the benefit of the Civil Union partner of the testator (art. 757-3 C. civ. et Cass. Civ. 1e, 28 Jan. 2015, n°14-20.587).
No. Acceptance up to the amount of the net assets makes it possible to limit the patrimonial risks for the heir since he is not liable for the debts of the deceased, on his personal assets. As long as this acceptance does not present a risk for the minor to…
It depends. The law stipulates that daughters-in-law and sons-in-law are obliged to help their parents-in-law materially and financially as part of the obligation to provide support (art. 206 C. civ.). The death of your husband does not terminate this obligation (Lyon Jan. 25, 1967). On the other hand, if you…
"I was recognized at birth (in 1949) by my father and never heard from him again. I learned of his death, which took place a few years ago, through a civil status record that I requested. What are my inheritance rights, given that I don't know which notary settled the…
Yes. As part of your father's estate, you inherited the property he had purchased as a life annuity, as well as the related debts. It is therefore your responsibility to continue paying the annuities until the death of the seller.
No. It is perfectly possible to break the equality between heirs. However, the notary will have to ensure that your share does not encroach on the hereditary reserve of your coheirs. If this is the case, they will be entitled to claim, "financial compensation" from you, known as a "reduction…
Yes. This is entirely possible and is referred to as partial sharing (art. 838 C. civ). However, whether the division is partial or total, it requires the unanimous agreement of the co-sharers.
No. Articles 720 and 722 of the Civil Code state that "inheritances open upon the death of the deceased" and that "all agreements aimed at creating rights or renouncing rights to all or part of an unopened inheritance or any of its assets only take effect if authorized by law."…
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…
Yes. The conditions of validity of the holograph will are provided for in article 970 of the Civil Code: it must be written by the hand of the testator, dated, and signed. It specifies that it is not subject to any other form.
No. As a rule, the role of executor is personal and does not transfer (Article 1025, paragraph 3 of the Civil Code), unless the testator has stated otherwise. Therefore, if your aunt made no provisions, you do not have to assume the role assigned to your mother.
No. The purpose of the real estate certificate of ownership, published at the land registry office, is to record the transfer of ownership following a death. However, article 29, last paragraph, of decree no. 55-22 of January 4, 1955, states that it is possible not to issue such a certificate…
In principle, no. If filing an inheritance declaration and paying the taxes are not listed in Article 784 of the Civil Code (which lists acts that do not imply tacit acceptance), old case law has considered that these actions do not constitute tacit acceptance, provided that the taxes are paid…
No. A landlord cannot himself recover the accommodation and get rid of the furniture of his deceased tenant. When there is no known heir and if the rental contract has ended, the owner must first obtain a court decision (article 1324 of the Code of Civil Procedure). The costs of…
No. The purpose of the mandate for future protection is to allow a designated person (the mandatary) to represent the mandator who could no longer provide for his interests alone (article 477 of the Civil Code). This mandate ends on the death of the principal, whether it has been implemented…
No. Articles 720 and 722 of the Civil Code state that "inheritances open upon the death of the deceased" and that "all agreements aimed at creating rights or renouncing rights to all or part of an unopened inheritance or any of its assets only take effect if authorized by law."…
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…
Yes. Regarding co-ownership, Article 815-3 4° of the Civil Code states that a majority of two-thirds of the co-owners can "conclude and renew leases other than those concerning a property for agricultural, commercial, industrial, or artisanal use." In your case, it is a lease for agricultural use, which requires the…
No, if the dismemberment of ownership results from the option exercised within the framework of your legal rights (article 757 of the Civil Code), you only declare the value of the usufruct. This value is determined according to the scale of article 669 of the General Tax Code, according to…
... from this inheritance until her mother passed away. Is this true? Yes. In theory, the usufructuary cannot dispose of the property of the concerned usufruct. However, the Civil Code allows an exception when the usufruct includes elements that cannot be used without consuming them, such as money. In which…
No . Indeed, article 975 of the Civil Code specifies that legatees in any capacity whatsoever, as well as their relatives or allies up to the fourth degree, cannot be chosen as witnesses. The alliance being the bond that is established by marriage, the wife of your godchild cannot be…
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…
No. When a condominium is held by undivided co-owners, the indivision as a whole is represented by a joint agent chosen by the undivided co-owners. In the case of a disagreement, the representative is appointed by the president of the court to which the matter has been referred either by…
Yes. When the division (existence of a usufruct and bare ownership) results from a death and the exercise by the surviving spouse of their legal rights, Article 968 paragraph 2, 1° of the General Tax Code specifies that the value of the bare ownership must be included in the calculation…
...take over her lease. Is it possible? It depends . Indeed, on the death of the tenant, the rental contract can be transferred to the descendants who lived with him for at least one year on the date of death (art. 14 law n ° 89-462 of July 6, 1989)…
do her children have the right to demand that I pay them the outstanding amount in one go? No . On the death of a person, the rights, and shares that he held during his lifetime are automatically transmitted to his heirs (art. 724 C. civ.). The Court of Cassation…
My father passed away 2 years ago. I hadn't had any contact with him for several years, but I did accept his estate. I've just been contacted by a credit company asking me to repay the loan my father took out for 150,000 euros. Is it still possible to renounce…
When the spouse receives the usufruct of liquid assets, we speak of quasi-usufruct, i.e., a usufruct (right of use and enjoyment) of a thing that is consumed when used (money). In practical terms, the spouse has the right to spend the money, but is obliged to return it on his…
No. In the case mentioned, there is no legal obligation to advertise with the land advertisement service. The death of the usufructuary will simply be mentioned in the next deed of disposal subject to publication relating to this house (example: a sale), by the former bare owner who has become…
No. In principle, the law provides that education costs are not reportable to the estate (article 852 of the Civil Code), just like the costs of food, maintenance, learning, ordinary equipment costs, wedding gifts and usual gifts. However, this legal exemption from reporting to the estate only applies if your…
Generally, when the deceased owned real estate, the value to be considered for the inheritance declaration is the market value on the date of death (Article 761, paragraph 1 of the General Tax Code and BOI-ENR-DMTG-10-40-20 §20). This is the value that would be obtained if the property were sold…
do her children have the right to demand that I pay them the outstanding amount in one go? No . On the death of a person, the rights, and shares that he held during his lifetime are automatically transmitted to his heirs (art. 724 C. civ.). The Court of Cassation…
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...take over her lease. Is it possible? It depends . Indeed, on the death of the tenant, the rental contract can be transferred to the descendants who lived with him for at least one year on the date of death (art. 14 law n ° 89-462 of July 6, 1989)…
The capital gain carried out on the sale of a property is equal to the difference between the sale price and the acquisition price. When the property was received following a death, the acquisition price corresponds to the value retained in the declaration of succession (art. 150 VB, I, CGI).
In principle, no. If filing an inheritance declaration and paying the taxes are not listed in Article 784 of the Civil Code (which lists acts that do not imply tacit acceptance), old case law has considered that these actions do not constitute tacit acceptance, provided that the taxes are paid…
No. The future protection mandate allows you to designate in advance one or more people to represent you, in the event that you or you are no longer able to provide for your interests alone. However, the law provides for cases of termination of the mandate (article 483 of the…
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…
No. Subject to the absence of children and the predecease of the deceased's father and mother, the surviving (non-divorced) spouse is entitled to the full inheritance of his or her spouse (art. 757-2 C. civ.). Although you can reduce your husband's rights by bequeathing your assets to whomever you wish…
Yes but, only if the net assets of the estate exceed 39,000 euros (art. D.815-4 of the Social Security Code). The net estate assets correspond to the difference between the gross assets, made up of the property, rights and claims belonging to the deceased and the debts for which the…
Yes. Upon a person’s death, their heirs have 10 years to declare whether they accept or reject the estate (Article 780, paragraph 1 of the Civil Code). After this period, they are considered to have renounced the estate (Article 780, paragraph 2 of the Civil Code) and therefore no longer…
Gift-sharing: My wife owns a house, while her mother has the usufruct of one of the 2 apartments. Who will own the furniture when her mother dies? the bare owner or the heirs? If the gift concerns real estate, the furniture is not included in the gift unless this was…
No. Following the partition, each co-heir is deemed to have succeeded alone and immediately to all the effects included in his lot and cannot take ownership of the other assets of the succession (art. 883 C. civ.). Consequently, it is not possible for a co-partitioner to appropriate property attributed to…
When a notary is entrusted with a will, it is registered in the central register of last wills and testaments, unless the testator objects (Art. 4.1.b of the Basel Convention of May 16, 1972, on the Establishment of a Scheme of Registration of Wills). If the will has been registered…
... 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…
No. The death benefit, paid under conditions and the amount of which varies according to whether the civil servant died before or after the minimum retirement age, "is not subject to transfer duties in the event of death", i.e. inheritance rights (article D712-23 of the Social Security Code).
No. To be enforceable against third parties, the renunciation of an inheritance must be formalized with the judicial court of the last domicile of the deceased, by filing or sending a simple letter which is duly completed, Cerfa 15828*05 form. One must also attach a full copy of the death…
No. Article L.46 of the Code of civil and military retirement pensions provides that a divorced spouse who lives in notorious cohabitation loses his right to a pension. However, for a union to be qualified as concubinage, there must be a community of life. Two people in a couple who…
When a notary is entrusted with a will, it is registered in the central register of last wills and testaments, unless the testator objects (Art. 4.1.b of the Basel Convention of May 16, 1972, on the Establishment of a Scheme of Registration of Wills). If the will has been registered…
Yes. The General Tax Code provides, for the calculation of inheritance tax, that buildings are valued according to their real market value on the date of death. But, with regard to the main residence of the deceased, article 764 bis of the CGI provides for the automatic application of a…
No. If the measure of guardianship is entrusted to a member of the family, it is then exercised free of charge. Sometimes, the guardianship judge or the family council, realizing the importance of the property which needs to be managed or the difficulty of exercising the measure, may award compensation…
No. In the case mentioned, there is no legal obligation to advertise with the land advertisement service. The death of the usufructuary will simply be mentioned in the next deed of disposal subject to publication relating to this house (example: a sale), by the former bare owner who has become…
Yes. Article 788 of the General Tax Code provides for an allowance of 1594 euros in the absence of any other applicable allowance. After this deduction, your tax rate will amount to 60% of the value of the bequeathed assets.
No . Indeed, article 975 of the Civil Code specifies that legatees in any capacity whatsoever, as well as their relatives or allies up to the fourth degree, cannot be chosen as witnesses. The alliance being the bond that is established by marriage, the wife of your godchild cannot be…
No. The law does not recognize the surviving civil partner as a legal heir, unlike the surviving spouse. Therefore, if you want your partner to be your (sole) heir, you will need to make a will to that effect. This can be drafted by a notary (authentic form) or by…
Gift-sharing: My wife owns a house, while her mother has the usufruct of one of the 2 apartments. Who will own the furniture when her mother dies? the bare owner or the heirs? If the gift concerns real estate, the furniture is not included in the gift unless this was…
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).
Yes . You can keep your holographic will at home. But by doing so, you take the risk that it will not be discovered when you die or that one of your relatives will make it disappear. As a precaution, you can give it to a notary and ask them…
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…
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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…
Notaries continue to advise their clients on their testamentary dispositions. In case of emergency and necessity, they may have to travel to collect an authentic will for clients who are very sick or even at the end of their life. All in compliance with the regulations and sanitary rules, which…
Yes. The law does not set any time limit between writing a will and the day of death. However, to be valid, the testator must be of sound mind (Articles 414-1 and 901 of the Civil Code). Therefore, a person cannot make a will after the opening of guardianship without…
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…
Partially. By will, you can bequeath this house to your daughter with the condition that she keeps and transfers it to her son (Article 1051 of the Civil Code). However, the law does not allow you to impose this condition on your grandson (Article 1053 paragraph 1 of the Civil…
Yes. Article 642 of the General Tax Code provides that when the deceased has passed away outside the department of Martinique where they were domiciled, the heirs have a one-year period to file the inheritance declaration with the tax authorities (as an exception to the six-month period).
No. The will reflects the last wishes of its author. Therefore, if you appoint an association as the universal legatee, it has the option to accept or decline the bequest (Article 724-1 of the Civil Code). If it declines and you have not designated a secondary legatee, the rules of…
Yes. A future protection mandate does not prevent the protected person from disposing of their property with the assistance of their agent. However, Article 490 paragraph 2 of the Civil Code requires the agent to obtain the authorization of the guardianship judge to "perform a disposition act for free." The…
It depends. If your mother has not drawn up a will in which she chooses her national law, the European Inheritance Regulation (n°650/2012 of July 4, 2012) must be applied. This regulation mentions that the applicable law is the of the country in which the deceased resided. Your mother's estate…
No. You may be the only one to opt for deferred payment of inheritance tax. However, it is imperative that your brothers give their express agreement to this request, and that they declare that they have been informed that, in the event of default on your part, they remain liable…
No. The Civil union partner is not entitled to inherit from his deceased partner, unless the latter has written (or had a notary write) a will in his favor, in order to allow him to benefit from all or part of succession.
No. Article 780 of the Civil Code provides that you have 10 years from his death to manifest your intention to inherit, unless you had "legitimate reasons for being unaware of the birth of [your] right, mainly the opening of the succession [the death]”.
My father passed away 2 years ago. I hadn't had any contact with him for several years, but I did accept his estate. I've just been contacted by a credit company asking me to repay the loan my father took out for 150,000 euros. Is it still possible to renounce…
..do they have the right? Yes. The law is clear: Article 1094-3 of the Civil Code states that " Children or descendants may, notwithstanding any stipulation to the contrary by the donor, require that an inventory of movable property and an appraisal of immovable property subject to usufruct be made
Everything will depend on the total amount of the deceased's financial assets. To be able to obtain the payment of the funds, you must provide the bank with an affidavit drawn up by a notary if the amount is greater than 5000 euros. On the other hand, if the amount…
No. While the Civil Code provides that partition may be requested at any given time, it does not impose a maximum duration. The co-owners can even decide to conclude an agreement of joint ownership between them relating to the management of the joint goods. Its duration is limited to 5…
... 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…
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.
If two individuals die in the same event, and each was entitled to inherit from the other, as often occurs with spouses, each estate is settled according to the order of death (Art. 725-1 C. civ.). This order can be established by any means. If it is impossible to determine…
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…
(...) Now the notary is asking us to personally sign the inventory closure deed. Why ? The purpose of closing the inventory is to confirm that all operations have been completed. On this occasion, those who were in possession of the deceased's assets before the inventory or who lived in…
Yes, the notary in charge of settling an estate must establish the devolution of the estate (identification of heirs and indication of their legal share). In your case, the latter must ensure that your mother had no children other except you. Its role is all the more important as it…
No. The right of the surviving spouse to limit their acceptance to certain assets (known as "cantonment") is only legally possible if there is a joint will between spouses (Article 1094-3 of the Civil Code). In the absence of such a provision, you can only accept or renounce the entire…
(...) Now the notary is asking us to personally sign the inventory closure deed. Why ? The purpose of closing the inventory is to confirm that all operations have been completed. On this occasion, those who were in possession of the deceased's assets before the inventory or who lived in…
Yes but, only if the net assets of the estate exceed 39,000 euros (art. D.815-4 of the Social Security Code). The net estate assets correspond to the difference between the gross assets, made up of the property, rights and claims belonging to the deceased and the debts for which the…
No. The death benefit, paid under conditions and the amount of which varies according to whether the civil servant died before or after the minimum retirement age, "is not subject to transfer duties in the event of death", i.e. inheritance rights (article D712-23 of the Social Security Code).
When the spouse receives the usufruct of liquid assets, we speak of quasi-usufruct, i.e., a usufruct (right of use and enjoyment) of a thing that is consumed when used (money). In practical terms, the spouse has the right to spend the money, but is obliged to return it on his…
No. Regardless of a person’s occupation, their estate goes to their legal heirs, subject to the presence of a will. In the absence of children and a surviving spouse, you, your siblings, and your parents inherit his belongings.
Yes. It is entirely possible to make a donation to your minor grandchildren. This donation must be accepted by their legal administrators (their parents), in accordance with Article 935 of the Civil Code. However, you can specify in the donation act that the donated assets be managed by a third…
If it appears that your mother is no longer capable of looking after her own interests, you must inform her of your intention to implement the mandate. Her condition must then be certified by a doctor chosen from a list drawn up by the public prosecutor. This medical certificate and…
It depends on the bequeather. As part of a will, you can designate one or more people who will be responsible for ensuring that your last wishes are carried out. We are talking about an executor. If the function of testamentary executor is exercised free of charge (article 1033-1 of…
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.
No. If the measure of guardianship is entrusted to a member of the family, it is then exercised free of charge. Sometimes, the guardianship judge or the family council, realizing the importance of the property which needs to be managed or the difficulty of exercising the measure, may award compensation…
Yes, the notary in charge of settling an estate must establish the devolution of the estate (identification of heirs and indication of their legal share). In your case, the latter must ensure that your mother had no children other except you. Its role is all the more important as it…
No. You may be the only one to opt for deferred payment of inheritance tax. However, it is imperative that your brothers give their express agreement to this request, and that they declare that they have been informed that, in the event of default on your part, they remain liable…
No. The surviving spouse who co-owns the deceased's property can request the preferential allocation of the main residence if it was already their home at the time of death (Article 831-2, 1° Civil Code). If requested, this allocation is automatic and binding on the other co-owners (Article 831-3 Civil Code).
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…
No. The surviving spouse who co-owns the deceased's property can request the preferential allocation of the main residence if it was already their home at the time of death (Article 831-2, 1° Civil Code). If requested, this allocation is automatic and binding on the other co-owners (Article 831-3 Civil Code).
No. By renouncing the succession of your father, you lose the title of heir in his succession. Consequently, you are not bound by any debt obligation, but in return, you lose all rights to his property. As the lease is automatically terminated following the death of your father, since no…
Yes. In the event of the death of an adult who is the subject of a protective measure exercised by a legal representative for the protection of adults, the latter may, in the absence of known heirs, seize the notary of the deceased through a view of settling the estate…
No. Subject to the absence of children and the predecease of the deceased's father and mother, the surviving (non-divorced) spouse is entitled to the full inheritance of his or her spouse (art. 757-2 C. civ.). Although you can reduce your husband's rights by bequeathing your assets to whomever you wish…
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).
You each share one-third of the property. With your older brother, you therefore have a two-thirds majority. This quota is not without interest for a sale, since article 815-5-1 of the French Civil Code provides a solution to the lack of unanimity: " Except in the case of dismemberment of…
Yes. The revelation contract proposed by a genealogist is subject to consumer protection rules ( Rep. Min. Pajon au JOAN du 23-10-2000 n° 50427 ), and consequently to the rules concerning door-to-door sales. You therefore have the 14-day withdrawal period provided for in Article L.221-18 of the Consumer Code applicable…
To renounce an estate in the name of a minor, you must first obtain the agreement of the family affairs judge acting as guardianship judge at your local court. To do so, you need to send him or her a request using the Cerfa form n°15811*03. Once the authorization has…
Yes. Regarding co-ownership, Article 815-3 4° of the Civil Code states that a majority of two-thirds of the co-owners can "conclude and renew leases other than those concerning a property for agricultural, commercial, industrial, or artisanal use." In your case, it is a lease for agricultural use, which requires the…
No. The law does not recognize the surviving civil partner as a legal heir, unlike the surviving spouse. Therefore, if you want your partner to be your (sole) heir, you will need to make a will to that effect. This can be drafted by a notary (authentic form) or by…
[...] Will SAFER's right of pre-emption prevent her from acquiring my shares? No, the SAFER's right of pre-emption does not apply in this case, in application of the provisions of article L143-4 3° of the Code rural et de la pêche maritime, which stipulates that: "The following may not be…
No. The Civil union partner is not entitled to inherit from his deceased partner, unless the latter has written (or had a notary write) a will in his favor, in order to allow him to benefit from all or part of succession.
Yes. A future protection mandate does not prevent the protected person from disposing of their property with the assistance of their agent. However, Article 490 paragraph 2 of the Civil Code requires the agent to obtain the authorization of the guardianship judge to "perform a disposition act for free." The…
It depends on the bequeather. As part of a will, you can designate one or more people who will be responsible for ensuring that your last wishes are carried out. We are talking about an executor. If the function of testamentary executor is exercised free of charge (article 1033-1 of…
Maitre Boris VIENNE, notary in Cornebarrieu (Haute-Garonne), responds live on RMC's "NEUMANN/LECHYPRE" program.
Yes. Article 788 of the General Tax Code provides for an allowance of 1594 euros in the absence of any other applicable allowance. After this deduction, your tax rate will amount to 60% of the value of the bequeathed assets.
No. Article L.46 of the Code of civil and military retirement pensions provides that a divorced spouse who lives in notorious cohabitation loses his right to a pension. However, for a union to be qualified as concubinage, there must be a community of life. Two people in a couple who…
The notary refuses to include this in the deed of gift. Why? In accordance with article 951 of the Civil Code, "the donor may mention the right of return of the objects donated either in the case of the death of the donee alone, or in the event of the…
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…
Everything will depend on the total amount of the deceased's financial assets. To be able to obtain the payment of the funds, you must provide the bank with an affidavit drawn up by a notary if the amount is greater than 5000 euros. On the other hand, if the amount…
If two individuals die in the same event, and each was entitled to inherit from the other, as often occurs with spouses, each estate is settled according to the order of death (Art. 725-1 C. civ.). This order can be established by any means. If it is impossible to determine…
Yes. This is entirely possible and is referred to as partial sharing (art. 838 C. civ). However, whether the division is partial or total, it requires the unanimous agreement of the co-sharers.
No. Regardless of a person’s occupation, their estate goes to their legal heirs, subject to the presence of a will. In the absence of children and a surviving spouse, you, your siblings, and your parents inherit his belongings.
No. It is perfectly possible to break the equality between heirs. However, the notary will have to ensure that your share does not encroach on the hereditary reserve of your coheirs. If this is the case, they will be entitled to claim, "financial compensation" from you, known as a "reduction…
No. Acceptance up to the amount of the net assets makes it possible to limit the patrimonial risks for the heir since he is not liable for the debts of the deceased, on his personal assets. As long as this acceptance does not present a risk for the minor to…
You each share one-third of the property. With your older brother, you therefore have a two-thirds majority. This quota is not without interest for a sale, since article 815-5-1 of the French Civil Code provides a solution to the lack of unanimity: " Except in the case of dismemberment of…
Yes. In accordance with Article 734 of the French Civil Code, in the absence of a surviving spouse, children and their descendants constitute the first order of heirs. Article 913-1 of the Civil Code specifies that all descendants are included under the term 'children,' “ even though they are to…
No. In principle, the law provides that education costs are not reportable to the estate (article 852 of the Civil Code), just like the costs of food, maintenance, learning, ordinary equipment costs, wedding gifts and usual gifts. However, this legal exemption from reporting to the estate only applies if your…
Yes. The revelation contract proposed by a genealogist is subject to consumer protection rules ( Rep. Min. Pajon au JOAN du 23-10-2000 n° 50427 ), and consequently to the rules concerning door-to-door sales. You therefore have the 14-day withdrawal period provided for in Article L.221-18 of the Consumer Code applicable…
No. When a condominium is held by undivided co-owners, the indivision as a whole is represented by a joint agent chosen by the undivided co-owners. In the case of a disagreement, the representative is appointed by the president of the court to which the matter has been referred either by…
No. To be enforceable against third parties, the renunciation of an inheritance must be formalized with the judicial court of the last domicile of the deceased, by filing or sending a simple letter which is duly completed, Cerfa 15828*05 form. One must also attach a full copy of the death…
No. The purpose of the mandate for future protection is to allow a designated person (the mandatary) to represent the mandator who could no longer provide for his interests alone (article 477 of the Civil Code). This mandate ends on the death of the principal, whether it has been implemented…
No. By renouncing the succession of your father, you lose the title of heir in his succession. Consequently, you are not bound by any debt obligation, but in return, you lose all rights to his property. As the lease is automatically terminated following the death of your father, since no…
No. As a rule, the role of executor is personal and does not transfer (Article 1025, paragraph 3 of the Civil Code), unless the testator has stated otherwise. Therefore, if your aunt made no provisions, you do not have to assume the role assigned to your mother.
"I was recognized at birth (in 1949) by my father and never heard from him again. I learned of his death, which took place a few years ago, through a civil status record that I requested. What are my inheritance rights, given that I don't know which notary settled the…
Yes. Upon a person’s death, their heirs have 10 years to declare whether they accept or reject the estate (Article 780, paragraph 1 of the Civil Code). After this period, they are considered to have renounced the estate (Article 780, paragraph 2 of the Civil Code) and therefore no longer…
Yes. The General Tax Code provides, for the calculation of inheritance tax, that buildings are valued according to their real market value on the date of death. But, with regard to the main residence of the deceased, article 764 bis of the CGI provides for the automatic application of a…
In principle, you lose the status of heir if you have not opted within the period of 10 years from the opening of the succession, from the date of death. You are then deemed to renounce this succession (article 780 al. 1 and 2 of the Civil Code) However…
Notre père est décédé. Il était remarié et nous sommes 3 enfants du premier lit. Notre belle-mère refuse de communiquer les informations qu’elle détient sur les comptes bancaires de notre père. Le notaire en charge de la succession peut-il les identifier ? Yes . Indeed, law n° 2014-617 of June…
You can contact a notary to check the FICOVIE database or reach out to the AGIRA organization (https://www.agira.asso.fr/) which will contact various institutions managing life insurance policies. This way, you will know if you are a beneficiary and which institution holds the policy.
In principle, you lose the status of heir if you have not opted within the period of 10 years from the opening of the succession, from the date of death. You are then deemed to renounce this succession (article 780 al. 1 and 2 of the Civil Code) However…
It depends. The law stipulates that daughters-in-law and sons-in-law are obliged to help their parents-in-law materially and financially as part of the obligation to provide support (art. 206 C. civ.). The death of your husband does not terminate this obligation (Lyon Jan. 25, 1967). On the other hand, if you…
Yes. When the division (existence of a usufruct and bare ownership) results from a death and the exercise by the surviving spouse of their legal rights, Article 968 paragraph 2, 1° of the General Tax Code specifies that the value of the bare ownership must be included in the calculation…
"A good succession is one that is anticipated..." Maitre Barbara THOMAS-DAVID, notary in Paris, responds live on RMC's "NEUMANN/LECHYPRE" program.
Maitre Boris VIENNE, notary in Cornebarrieu (Haute-Garonne), responds live on RMC's "NEUMANN/LECHYPRE" program.
Yes, article 975 of the French Civil Code stipulates that "neither the legatees in any capacity whatsoever, nor their relatives or allies up to and including the fourth degree (...) may be taken as witnesses to the will by public deed". The PACS partner is neither a relative nor an…
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…
No. For a will to be valid, it must take one of the forms provided for by Article 969 of the Civil Code: holographic, authentic, or mystic, all of which require a written document. A will made on video is therefore null and void and cannot produce any effects (Reply…
No. Following the partition, each co-heir is deemed to have succeeded alone and immediately to all the effects included in his lot and cannot take ownership of the other assets of the succession (art. 883 C. civ.). Consequently, it is not possible for a co-partitioner to appropriate property attributed to…
Yes. As part of your father's estate, you inherited the property he had purchased as a life annuity, as well as the related debts. It is therefore your responsibility to continue paying the annuities until the death of the seller.
Yes, if the time limit for appealing against the decision had not expired on the day of death. The divorce takes effect on the date on which the decision pronouncing it acquires the force of res judicata, which means, no longer subject to appeal. The time limit for appeal is…
You can contact a notary to check the FICOVIE database or reach out to the AGIRA organization (https://www.agira.asso.fr/) which will contact various institutions managing life insurance policies. This way, you will know if you are a beneficiary and which institution holds the policy.
... 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…
Yes. In the event of the death of an adult who is the subject of a protective measure exercised by a legal representative for the protection of adults, the latter may, in the absence of known heirs, seize the notary of the deceased through a view of settling the estate…
Yes. The law does not set any time limit between writing a will and the day of death. However, to be valid, the testator must be of sound mind (Articles 414-1 and 901 of the Civil Code). Therefore, a person cannot make a will after the opening of guardianship without…
To renounce an estate in the name of a minor, you must first obtain the agreement of the family affairs judge acting as guardianship judge at your local court. To do so, you need to send him or her a request using the Cerfa form n°15811*03. Once the authorization has…
No. The future protection mandate allows you to designate in advance one or more people to represent you, in the event that you or you are no longer able to provide for your interests alone. However, the law provides for cases of termination of the mandate (article 483 of the…
No. For a will to be valid, it must take one of the forms provided for by Article 969 of the Civil Code: holographic, authentic, or mystic, all of which require a written document. A will made on video is therefore null and void and cannot produce any effects (Reply…
Notre père est décédé. Il était remarié et nous sommes 3 enfants du premier lit. Notre belle-mère refuse de communiquer les informations qu’elle détient sur les comptes bancaires de notre père. Le notaire en charge de la succession peut-il les identifier ? Yes . Indeed, law n° 2014-617 of June…
Yes. Article 764 of the Civil Code provides for the benefit of the surviving spouse a right of habitation to the accommodation which he occupied as his principal residence at the time of death, and a right of use to the furniture within the latter. It can only be deprived…
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…
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…
Yes, if the time limit for appealing against the decision had not expired on the day of death. The divorce takes effect on the date on which the decision pronouncing it acquires the force of res judicata, which means, no longer subject to appeal. The time limit for appeal is…
No. The universal legacy makes it possible to set aside the right of return of the brothers and sisters, including if it is made for the benefit of the Civil Union partner of the testator (art. 757-3 C. civ. et Cass. Civ. 1e, 28 Jan. 2015, n°14-20.587).
Yes, article 975 of the French Civil Code stipulates that "neither the legatees in any capacity whatsoever, nor their relatives or allies up to and including the fourth degree (...) may be taken as witnesses to the will by public deed". The PACS partner is neither a relative nor an…
Yes. By renouncing the succession of your spouse, you lose the status of heir (article 805 of the Civil Code). On the other hand, you retain the status of spouse. However, the survivor's pension is a right reserved for the spouse or ex-spouse in the event of the death of…