A successor who is affected by a cause of unworthiness provided for in articles 726 and 727, where the deceased, subsequent to the facts and to his knowledge of them, has specified, by an express declaration of will in testamentary form, that he intends to maintain him in his hereditary rights or has made him a universal or universal bequest.
An heir excluded from the succession on grounds of unworthiness is obliged to return all the fruits and income he has enjoyed since the opening of the succession.
The children of the unworthy are not excluded by the fault of their author, either if they come to the succession in their own right or if they come to it by the effect of representation; but the unworthy cannot, in any case, claim, out of the property of that succession, the enjoyment which the law grants to fathers and mothers out of the property of their children.
Proof of heirship shall be established by any means. No derogation shall be made from the provisions or practices concerning the issue of certificates of ownership or heredity by judicial or administrative authorities.
Proof of heirship may result from a deed of notoriety drawn up by a notary at the request of one or more heirs. The deed of notoriety must refer to the death certificate of the person whose estate is being opened and mention any supporting documents that may have been produced, such as civil status certificates and, where applicable, documents concerning the existence of gifts mortis causa that may affect…
The affirmation contained in the deed of notoriety does not, of itself, imply acceptance of the succession.
The deed of notoriety thus established is authentic until proven otherwise. Whoever avails himself of it is presumed to have hereditary rights in the proportion indicated therein.
The heirs designated in the deed of notoriety or their joint proxy are deemed, with respect to third parties holding property of the estate, to have free disposal of such property and, if funds are involved, free disposal of them in the proportion indicated in the deed.
Any person who, knowingly and in bad faith, relies on an inaccurate deed of notoriety shall incur the penalties for concealment provided for in Article 778, without prejudice to damages.
The succession devolves by law to the parents and spouse successors of the deceased under the conditions defined below.
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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
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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
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