Frequently asked questions about Succession

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My partner to whom I was not married has passed away. He had entered into a mandate for future protection and appointed our daughter as mandatary. This convention has never been implemented. Can my daughter invoke it to settle the estate on her own?

No. The purpose of the mandate for future protection is to allow a designated person (the mandatary) to represent the mandator who could no longer provide for his interests alone (article 477 of the Civil Code). This mandate ends on the death of the principal, whether it has been implemented…
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Following the death of my mother, I inherited her apartment. I wish to sell it. What is the acquisition value to be used in order to determine the amount of the real estate capital gain?

The capital gain carried out on the sale of a property is equal to the difference between the sale price and the acquisition price. When the property was received following a death, the acquisition price corresponds to the value retained in the declaration of succession (art. 150 VB, I, CGI).
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My father has just passed away. I am currently involved in a dispute with my brother who believes that I have been advantaged because our father financed my higher education. Are these amounts reportable to the estate?

No. In principle, the law provides that education costs are not reportable to the estate (article 852 of the Civil Code), just like the costs of food, maintenance, learning, ordinary equipment costs, wedding gifts and usual gifts. However, this legal exemption from reporting to the estate only applies if your…
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Our father passed away. He had remarried and we are 3 children from the first marriage. Our mother-in-law refuses to disclose the information she has on our father's bank accounts. Can the notary in charge of the succession identify them?

Notre père est décédé. Il était remarié et nous sommes 3 enfants du premier lit. Notre belle-mère refuse de communiquer les informations qu’elle détient sur les comptes bancaires de notre père. Le notaire en charge de la succession peut-il les identifier ? Yes . Indeed, law n° 2014-617 of June…
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I would like to have a will drawn up in order to bequeath my property to my godson. My notary is asking me to come to the meeting with 2 witnesses. Can my godson's wife be one of them?

No . Indeed, article 975 of the Civil Code specifies that legatees in any capacity whatsoever, as well as their relatives or allies up to the fourth degree, cannot be chosen as witnesses. The alliance being the bond that is established by marriage, the wife of your godchild cannot be…
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