Frequently asked questions about Succession

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My cousin passed away. She was married but separated from her spouse. She had no children, no siblings and her parents passed away as well. In her will, she bequeathed all of her real estate to me. My notary tells me that if I give up (...)

... her property will revert to her spouse. Is it correct? Yes . Renunciation of a bequest has the effect of rendering the testamentary disposition null and void (art. 1043 C. civ.). The devolution of inheritance then takes place as if this provision had never existed. Since your cousin has…
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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 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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My ex-husband passed away. He was very spendthrift. As the legal representative of our minor child, I am considering making an acceptance up to the net assets on his behalf. Is the authorization of the guardianship judge obligatory?

No. Acceptance up to the amount of the net assets makes it possible to limit the patrimonial risks for the heir since he is not liable for the debts of the deceased, on his personal assets. As long as this acceptance does not present a risk for the minor to…
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My parents having had 4 children, they obtained social housing with 5 rooms about thirty years ago. After the death of my father, my mother stayed in this apartment, and I came to live with her a year and a half ago. She passed away and I want to (...)

...take over her lease. Is it possible? It depends . Indeed, on the death of the tenant, the rental contract can be transferred to the descendants who lived with him for at least one year on the date of death (art. 14 law n ° 89-462 of July 6, 1989)…
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