Frequently asked questions about Succession

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My sister passed away, leaving behind her spouse and one child. We were both joint owners of our late parents’ house. Her child has renounced the succession. Can I claim a right of reversion (droit de retour) over her share in this family property?

In principle, yes. The French Civil Code provides that, in the absence of descendants, assets received by a person from their parents by way of donation or inheritance, and still present in kind in their estate, are devolved half to the surviving spouse and half to the siblings (Article 757-3…
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My husband was retired. He passed away and left a huge debt. I plan to renounce his succession. Am I still entitled to the survivor's pension?

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…
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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?

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…
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My husband passed away 1 year ago. Our main residence belonged jointly to my husband and his brother. Can I take advantage of the lifetime right of article 764 of the Civil Code as a surviving spouse?

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…
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