New developments relating to the compulsory portion

L. n°2021-1109 of 24 August 2021 On Monday November 1st, Law 2021-1109 of August 24th 2021 reinforcing the respect of the principles of the Republic will come into force, introducing in particular a reinforced protection of the compulsory portion by adding two new provisions to Articles 913 and 921 of the Civil Code. These provisions...
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The new provisions concerning heirs with right to inherit

The new provisions concerning heirs with right to inherit

In French law, it is practically impossible to disinherit a child If the deceased had their habitual residence in France at the time of their death, the applicable law for the opening of the succession would be French law, in application of Article 720 of the Civil Code, which provides that, “Successions are opened by...
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French Deed of Public Identity

The French Deed of Public Identity

The French legislator introduced various provisions in Articles 730 to 730-5 of the Civil Code by Law No. 2001-1135 of 3 December 2001, relating to the means of proof of the status of heir. Thus, the first paragraph of Article 730 provides that proof of the status of heir is established by any means; it...
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notarial certificate of ownership

Transfer of a property as part of an inheritance: the notarial certificate of ownership

What is a property certificate in the broadest sense of the term? In France, the real estate certificate is an official document drawn up by a notary in order to demonstrate ownership of a property. It certifies that a property has been purchased, inherited or donated. In the context of a sale, the real estate...
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declaration of inheritance

The declaration of inheritance

What is a declaration of inheritance? When inheriting, one of the formalities to be completed is the drawing up of a declaration of inheritance. The equivalent term in English when winding up a succession is an Estate Duty Return. This declaration must be sent to the tax authorities in order to determine the duties (Inheritance...
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The reform of the Monegasque PIL and its consequences on succession law

In a context of increasing internationalisation of personal situations, the reform of national legislation in the field of private international law has become inevitable. With some 139 nationalities on its territory, and a population made up of more foreigners than Monegasques (more than 9,000 French and approximately 8,100 Italians compared to just over 8,300 Monegasques),...
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civil solidarity pact (PACS) vs civil partnership

What is a Civil Solidarity Pact? The PACS was introduced into French law in 1999 by Article 515-1 of the Civil Code. It is a contract that allows unmarried couples to organise their life together by giving it a certain legal framework, without however establishing a family relationship, or even a bond of alliance between...
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L’indivision successorale en droit français

Joint inheritance in French law

The objective of an inheritance file is to successfully allocate the deceased party’s property to their successors. Following the acceptance of the inheritance by multiple heirs and/or legatees, joint ownership opens between the various persons involved before, in theory, proceeding to the division. This joint possession includes all the property and rights of which the...
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The inheritance option

The inheritance option

When a death occurs, the named heirs benefit under French law from a three-pronged option with regard to the inheritance. This inheritance option is governed by articles 768 et seq. of the French Civil Code, under which it is possible to either: accept the inheritance outright accept up to the amount of the net assets...
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