Frequently asked questions about Succession

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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 wish to grant a loan of €60,000 to one of my children Am I obliged to call on my notary to draw up the loan contract?

No, but it is preferable. In accordance with article 1359 of the civil code, a writing is required when the sum lent is greater than 1500 €. The use of a notary is recommended to avoid any dispute, especially between your heirs. Indeed, you are assured that the deed will…
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I wish to grant a loan of €60,000 to one of my children Am I obliged to call on my notary to draw up the loan contract?

No, but it is preferable. In accordance with article 1359 of the civil code, a writing is required when the sum lent is greater than 1500 €. The use of a notary is recommended to avoid any dispute, especially between your heirs. Indeed, you are assured that the deed will…
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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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My father passed away 4 months ago, leaving debts. Being the heir, I gave up on this succession. He was a tenant of his accommodation, and his landlord asked me to empty it. Am I required to do so?

No. By renouncing the succession of your father, you lose the title of heir in his succession. Consequently, you are not bound by any debt obligation, but in return, you lose all rights to his property. As the lease is automatically terminated following the death of your father, since no…
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