The mandate is only valid if it is justified by a serious and legitimate interest with regard to the person of the heir or the succession assets, precisely motivated.
It is given for a term that may not exceed two years, extendable once or several times by decision of the judge, referred to by an heir or the mandatary. However, it may be given for a term of five years, extendable under the same conditions, on the grounds of incapacity, the age of the heir or heirs, or the need to manage professional assets.
It is given and accepted in notarial form.
It must be accepted by the mandatary before the death of the mandator.
Prior to its execution, the mandator and the mandatary may renounce the mandate after notifying the other party of their decision.