Search Beyond News…

French succession rule enables one heir to proceed with estate settlement despite a sibling's veto

Executive summary: French legislation allows an heir to proceed with an estate transaction alone or to appoint a succession mandatary when another heir refuses to consent. It unblocks inheritance divisions that would otherwise stall, limiting legal expenses and delays in transferring assets such as property or family businesses.

Who is involved: Co‑heirs (particularly a sister blocking the settlement), the remaining heirs, notaries and succession practitioners.

Likely next: More heirs may seek judicial authorization or mandatary appointments, potentially increasing the use of succession mandates and prompting further legal clarification.

The Le Monde report explains that French civil law permits an indivisaire to either perform a legal act requiring co‑indivisaire consent unilaterally or to appoint a succession mandatary when a sibling obstructs the division of an inheritance. This mechanism aims to prevent deadlocks in estate settlement, reducing reliance on prolonged court battles. It highlights how inheritance disputes can affect the transfer of family‑owned assets and the associated administrative costs. The development is relevant for estate planners, notaries and families holding jointly owned property or businesses.

Timeline

Sources

Related cases

Browse the full archive →