Article 720 of the French Civil Code
November 8, 2023
Inheritances are opened by death, at the last domicile of the deceased.
Inheritances are opened by death, at the last domicile of the deceased.
Inheritances devolve in accordance with the law when the deceased has not disposed of his property by gifts. They may devolve by gifts from the deceased to the extent compatible with the hereditary reserve. .
Agreements the purpose of which is to create rights or waive rights to all or part of an estate that has not yet been opened or property dependent thereon are effective only in cases where they are authorised by law.
The heirs designated by law are seized by operation of law of the property, rights and actions of the deceased. The legatees and universal donees are seized under the conditions laid down in Title II of this book. Failing them, the estate is acquired by the State, which must be sent into possession.
The provisions of this Title, in particular those concerning the option, indivision and partition, apply as appropriate to universal legatees and donees or to universal titlees, where they are not derogated from by a specific rule.
To succeed, a person must exist at the time the succession is opened or, having already been conceived, be born viable. A person whose absence is presumed under article 112.
Where two persons, one of whom was entitled to succeed the other, perish in the same event, the order of death shall be established by any means. If this order cannot be determined, the succession of each shall devolve without the other being called. However, if one of the co-deceased leaves descendants, the latter may represent their author in the succession of the other where representation is admitted.
The following are unworthy of succession and, as such, excluded from the estate: 1° Anyone who is sentenced, as perpetrator or accomplice, to a criminal penalty for having wilfully caused or attempted to cause the death of the deceased; 2° Anyone who is sentenced, as perpetrator or accomplice, to a criminal penalty for having wilfully struck or committed violence or assault resulting in the death of the deceased without intent…
The following may be declared unworthy to succeed: 1° He who is sentenced, as perpetrator or accomplice, to a correctional penalty for having voluntarily given or attempted to give death to the deceased; 2° He who is sentenced, as perpetrator or accomplice, to a correctional penalty for having voluntarily committed violence leading to the death of the deceased without intention to give it; 2° bis Anyone who has been sentenced,…
The declaration of unworthiness provided for in article 727 is pronounced after the opening of the succession by the judicial court at the request of another heir. The application must be made within six months of the death if the decision of conviction or finding of guilt was made prior to the death, or within six months of that decision if it was made after the death. In the absence…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
