Frequently asked questions about Succession

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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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My husband passed away. He was a state employee. Is the death capital paid by his employer subject to an inheritance tax ?

No. The death benefit, paid under conditions and the amount of which varies according to whether the civil servant died before or after the minimum retirement age, "is not subject to transfer duties in the event of death", i.e. inheritance rights (article D712-23 of the Social Security Code).
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My aunt is going to lend me some money. We have planned for me to repay it in monthly installments over a period of 5 years. A loan deed will be regularized by a notary. If she dies before this term (...)

do her children have the right to demand that I pay them the outstanding amount in one go? No . On the death of a person, the rights, and shares that he held during his lifetime are automatically transmitted to his heirs (art. 724 C. civ.). The Court of Cassation…
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My best friend passed away recently. He was single, childless and under guardianship. Supervision was exercised by a legal representative for the protection of individuals. Can the guardian seize a notary to take care of his estate?

Yes. In the event of the death of an adult who is the subject of a protective measure exercised by a legal representative for the protection of adults, the latter may, in the absence of known heirs, seize the notary of the deceased through a view of settling the estate…
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