Frequently asked questions about Succession

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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…

Reminder: The partition duty is levied by the French tax administration when co-owners agree to terminate the joint ownership by allocating the jointly owned property to one of them. Except in specific cases, this duty is set at 2.5% of the net value of the assets being divided. Answer: Yes…

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. Despite your years of separation, you still retain the status of "entitled spouse" (Article 732 of the Civil Code). In the absence of children, the law provides that you are entitled to at least 1/4 of his estate (Article 914-1 of the Civil Code). Therefore, you are entitled to…

No. The law allows conversion of usufruct into money in the form of a life annuity (Civil Code, Article 759). Without agreement, the judge decides (Article 760). However, if the usufruct concerns the surviving spouse’s main residence, the judge cannot order conversion against the spouse’s will (Article 760).

Frequently asked questions about Succession

A question ? Need help ?

I plan to have a mandate for future protection drawn up by my notary. Is it true that this warrant cannot be challenged once activated?

I am in joint ownership (indivision) with my brothers over a real estate property located in Corsica, following the death of our mother. I understand that if my brother buys out our shares, we may be exempt from the partition duty. Is this correct?

My father owned and operated a farm. My brother participated in this activity without being paid but received the profits from the exploitation. Can he claim a deferred salary as part of our father's estate?

My spouse, with whom I had been living separately for several years, has just passed away. He had no children, and I have learned that he left all his assets to the Red Cross. Is this legal ?

I chose usufruct in my late husband’s estate. His children (bare owners) now want to convert my usufruct in the main residence into capital. Can they force me?