Frequently asked questions about Succession

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I have drafted my will, can I keep it at home?

Yes . You can keep your holographic will at home. But by doing so, you take the risk that it will not be discovered when you die or that one of your relatives will make it disappear. As a precaution, you can give it to a notary and ask them…
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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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We are a family of 4 siblings. The eldest is single without children and wishes to bequeath all her property to her nephews and nieces. Does she have the right to do so?

Yes. A person can freely dispose of all their assets by will, as long as they have no compulsory heirs. The beneficiaries are the children (article 913 of the Civil Code) or their descendants in the event of predecease (article 913-1 of the Civil Code), and in the absence of…
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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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I signed a revelation contract suggested by a genealogist at home yesterday. Upon reflection, I realize the payout percentage is too high. Can I retract and cancel everything ?

Yes. The revelation contract proposed by a genealogist is subject to consumer protection rules ( Rep. Min. Pajon au JOAN du 23-10-2000 n° 50427 ), and consequently to the rules concerning door-to-door sales. You therefore have the 14-day withdrawal period provided for in Article L.221-18 of the Consumer Code applicable…
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