Frequently asked questions about Succession

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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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Can I keep the will I just wrote at home?

Yes. A handwritten will is valid if it is written, dated, and signed by your hand (Article 970 of the Civil Code). However, for safekeeping, it is advisable to deposit it with a notary who will also register it in the national registry of wills.
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My partner appointed me as the sole legatee of his property upon his death. Can his brothers and sisters still take over the property he received from their parents, by inheritance?

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).
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My widowed mother has passed away. To establish the certificate of notoriety (acte de notoriété), the notary is asking me to provide her family record book (livret de famille). I cannot find it. Can I obtain a copy?

No. In the event of loss, it is not possible to obtain a copy of the family record book. According to Article 15 of Decree No. 74-449 of 15 May 1974, only a second family record book may be issued, and only to spouses or parents who do not possess…
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My husband passed away. He had no children, was an only child, and his parents are deceased. We were married under a separation of property regime. Who is entitled to inherit?

A marriage contract governs the couple’s property during marriage, but not succession. In your case, and unless there is a will stating otherwise, the law provides that you inherit the entire estate (Article 757-2 of the Civil Code).
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