Frequently asked questions about Succession

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I am sole legatee in an estate with no children or spouse. The notary says he will send a copy of the holographic will to the court registry. Is that necessary?

Yes. When the will is handwritten and there is no protected heir (child or surviving spouse), the notary must draw up a report of opening and description. Within one month he must send it, with a copy of the will, to the court registry so that “ any interested party…
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My mother has just passed away. We are three children, but we have not heard from one of my brothers for many years. Can the estate be settled without him?

No. Dividing an estate requires the participation of all heirs. The notary will suggest hiring a genealogist to locate your brother. If these efforts fail, the guardianship judge may, at your request and with supporting evidence of your brother’s disappearance, issue a judgment of presumption of absence (Art. 112 Civil…
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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?

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…
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My spouse has just passed away. Do I need to file an inheritance tax return even though I am exempt from inheritance tax?

It depends. The surviving spouse is indeed exempt from inheritance tax (Article 796-0 of the French General Tax Code). However, the law requires heirs, including the surviving spouse, to file an inheritance tax return when the gross value of the estate exceeds €50,000. Conversely, if the gross estate value is…
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