| Notaires de France

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. The signing of a deed of sale is very often preceded by a pre-contract, either a synallagmatic promise (also known as an agreement) or a unilateral promise to sell.

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. You're probably thinking of the tenant's right of pre-emption under a residential lease (provided for in article 15 of the law of July 6, 1989). In your case, you are not a tenant, as you occupy the property free of charge. The owner is therefore under no obligation to…

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…

Is this true? Yes. Article 15 of the French law of July 6, 1989, stipulates that "in the event that the owner decides to sell on terms or at a price more advantageous to the purchaser, the notary must, if the lessor has not previously done so, notify the tenant…

Could I stil benefit from the capital gains exemption on the sale of my main residence? Yes, but only on the part that constitutes your principal residence. For you to benefit from the capital gains tax exemption, the sale must relate to your principal residence (art. 150 U, II, 1°…

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. 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…

...became a partner in the company. Do I have to declare the company's profits? No. When ownership of shares is divided between a usufructuary and a bare owner, it is up to the usufructuary to declare the sums he or she receives from the company's profits (art. 8 CGI), which…

My mother, a French citizen, passed away in Germany, where she had been living for several years. Which law applies to her estate?

I want to buy a property and sign a unilateral promise to sell. The estate agent tells me that this deed "no longer exists". Is this true?

In the case of a disputed estate, is it possible to consider dividing the liquid assets during the 1st phase and the real estate during the 2nd?

I've been living in a rent-free apartment for years. The owner tells me he's just sold it. Can I ask for the sale to be annulled because he didn't offer it to me as a priority?

My father just passed away and we are three of his children. He had drawn up a will that benefited me to the detriment of my brothers and sisters. The latter are contesting his will. Can they do so?

I'm about to buy a property. The property was rented, and the seller has given his tenant notice to sell. In the meantime, he has lowered the price by 20,000 euros. The notary tells us that we have to propose the sale of the property to the tenant again.

I own a property consisting of a main building that I occupy with my family and two independent houses that I rent out on a furnished basis. I plan to sell the property.

My grandfather plans to give me one of his plots of land that I farm. He wants to include a right of return for my sister so that the land does not revert to my wife on my death.

My father passed away 3 months ago. My mother opted for the usufruct. My brothers and I are liable for inheritance tax. I'd like to ask the tax department to defer payment until the day the usufruct ends. Should my brothers also request this ?

A few years ago, my parents, who were married and living separate and apart, set up an SCI subject to income tax. They were the only two partners. My mother has died, and my father has opted for usufruct. As the bare owner of my mother's shares, I...