Frequently asked questions about Succession

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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 brother and I shall inherit from our father who has just passed away. As the guardian of my weaker adult brother, am I required to go to the judge to accept the inheritance on his behalf?

No, if the value of the estate's assets is clearly greater than the amount of the debts, you can simply accept the inheritance without the judge's authorization. However, you must first and foremost obtain a certificate drawn up by the notary in charge of settling the succession establishing that the…
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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 mother is a widow, and I am her only child. She received the ASPA (non-contributory provident benefit). Will I have to repay this assistance when she passes away?

Yes but, only if the net assets of the estate exceed 39,000 euros (art. D.815-4 of the Social Security Code). The net estate assets correspond to the difference between the gross assets, made up of the property, rights and claims belonging to the deceased and the debts for which the…
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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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