Any person may give one or more other persons, whether natural persons or legal entities, a mandate to administer or manage, subject to the powers entrusted to the executor of the will, all or part of his estate on behalf of and in the interest of one or more identified heirs. The mandatary may be an heir. He or she must enjoy full civil capacity and not be subject to…
The mandatary exercises his powers even if there is a minor or a protected adult among the heirs.
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,…
Acts performed by the mandatary within the scope of his mission have no effect on the hereditary option.
As long as no heir covered by the mandate has accepted the succession, the mandatary only has the powers granted to the successor in Article 784.
The mandate with posthumous effect is subject to the provisions of articles 1984 to 2010 which are not incompatible with the provisions of this section.
The mandate is free of charge unless otherwise agreed. If remuneration is provided for, it must be expressly stated in the mandate. It corresponds to a share of the fruits and revenues received by the estate and resulting from the management or administration of the mandatary. In the event of insufficient or no fruits and income, it may be supplemented by a capital sum or take the form of a…
The remuneration of the mandatary is a charge on the estate which gives rise to a right to reduction where it has the effect of depriving the heirs of all or part of their reserve. The heirs covered by the mandate or their representatives may apply to the courts for a review of the remuneration where they can justify that it is excessive in relation to the duration or the…
The mandate terminates by one of the following events: 1° The arrival of the stipulated term; 2° The renunciation of the mandatary; 3° The judicial revocation, at the request of an interested heir or his representative, in the event of the absence or disappearance of a serious and legitimate interest or the poor performance by the mandatary of his mission…; 4° The conclusion of a conventional mandate between the heirs…
Revocation on the grounds of the disappearance of a serious and legitimate interest does not give rise to the reimbursement by the agent of all or part of the sums received by way of remuneration, unless they have been excessive having regard to the duration or the responsibility actually assumed by the agent. Without prejudice to damages, where the revocation is due to improper performance of his duties, the agent…
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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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