Thanks. Yes I saw that I wasn’t mentioned but I did sign a document pertaining to the company formation at the same notaire.
Have you considered just walking away from all this? I would.
It appears you haven’t yet inherited anything so you can’t be fined.
If you don’t formally accept within 10 years, you’ll be deemed to have renounced.
Are you sure about that, Helenochka? My understanding is that a beneficiary only has to take formal action if they wish to be disinherited. You do not have to do anything to inherit as per the Inheritance laws.
Posted earlier by me -
“Just to add last March I did take some legal action towards my sister. It was a summons delivered by a bailif requiring her to attend to the estate within two months or she would forfeit her share. I have no idea what has happened since. the summons”.
I’ve just checked my lawyer’s letter which says the summons stated she had to accept or disclaim the inheritance within two months" … no feedback from the Notaire.
Despite my attempts the week before last Christmas, when surprisingly my email promped an instant reply from the Notaire saying the would drop in on her that afternoon, again there’s no feedback.
The Notaire was/is a friend of my mother/sister … It;s been suggested she’s manipulated him.
Do you have a link to support your understanding?
A beneficiary has a choice of 3 options. I do not see why there would ever be a presumption that they had accepted in full, if they have not formally declared their decision. Especially if they have 10 years in which they can decide to refuse.
Maybe get this served again by a huissier.
1 Like
That was according to my lawyer’s letter. I shall try to locate my copy of the actual summons and return later. Two months not ten years was stated.
Agreed
Hello there.
According to the French gov site, there are two forms of acceptance: express (whereby you sign a formal document) and tacit (you may be deemed to have accepted if you perform certain actions such as selling a piece of the property in question).
Here’s the relevant extract:
Acceptation pure et simple
L’acceptation peut prendre 2 formes : expresse ou tacite.
Forme expresse
L’acceptation expresse doit être écrite. Elle peut être faite par acte sous signature privéeActe rédigé et signé par des particuliers, sans la présence d’un notaire (par exemple, un contrat) ou par acte authentiqueDocument établi par un officier public compétent, tels qu’un notaire, un commissaire de justice (anciennement huissier de justice et commissaire-priseur judiciaire), un officier d’état civil, rédigé selon les formalités exigées par la loi et dont le contenu peut avoir la même valeur qu’une décision judiciaire. Par exemple, vous signez et adressez au notaire un acte d’acceptation pure et simple.
Forme tacite
Votre intention d’accepter la succession peut être révélée si vous réalisez certains actes ou démarches. Par exemple, lorsque vous vendez un objet qui dépend de la succession, vous acceptez, de manière tacite, la succession pure et simple.
Toutefois, vous pouvez réaliser certains actes sans que cela soit considéré comme une acceptation de la succession. Par exemple, payer l’assurance de la maison, encaisser les loyers.
It appears that the OP has not signed anything. And hopefully hasn’t done anything that would lead to her being deemed to have tacitly accepted.
She has not yet inherited anything in that case.
Thanks for that, Helen - what I had in mind was the ‘Tacit form’, which is presumably the most usual. It explains that no formality is required; because the inheritors ‘tacit actions’ make their intent clear.
The problem in this thread, however, is not the OP (Sally), but her sister. Despite her sister being given a deadline by the notaire last March, Sally does not know what the outcome has been. Without this knowledge, Sally cannot claim in any way that her sister is 'squatting’in the house. On the other hand, nor has she done anything (that we know of) to disclaim the inheritance.
1 Like
There we go - the signed summons - I’ve cropped all the contacts’ details.
I’ve not disclaimed the inheritance and given my 2K lawyer fees so far surely indicates a willingness to accept.
Somehow I managed to put the text through Google Translate. The summons went through at the same time as she and the notaire went together to French Inland Revenue. I’ll look to see the actual dates of both events.
This is a copy of my lawyer’s letter updating me. No feedback from the notaire.
Dear Sally,
I write to inform you that the summon has been delivered to your sister on the 12 April 2024 by bailiff.
Attached copy of the summon and receipt invoice from the bailiff.
I have also been informed on the 4 April by Me Sauvagnac that your sister has contacted Me Geraud as she is apparently facing some issues with the French tax administration.
I will send a copy of the summon to the Notaire.
Regards,
Ah she’d messaged me out of the blue on the 29th of March saying she was going to go to Inland Revenue with the notaire in the afternoon but didn’t until the 4th April …
Thanks again, Sally. This answers many of the queries raised by posters on this thread. Not least, that you have involved a ‘huissier’ to act on your behalf (via a notaire). Further - this is taking it into a threatened court process, not just a private use of the huissier.
It does therefore seem that - despite so many untied ends cropping up with each post - you are actually well established with professional support here in France.
The time available for your sister to respond is therefore well past now. It is in the hands of a notaire. Although you may not have heard anything, I think that most of us would say “This is normal - sit tight!”. Notaires simply do not communicate readily - unless they want something from you. They notoriously do not respond to emails. Never forget, despite your continued use of the word, they are not ‘lawyers’ in the sense of ‘a solicitor’. They are tax collectors; paid by the government. But they have to act for both sides. It’s not a satisfactory arrangement.
I think that we all appreciate that you are dealing with very unusual and unsatisfactory circumstances - and that a major problem for you is to understand the French practices and law that you are involved in. It is not like the UK!
Please continue to use this forum to seek clarification. Never assume that you know - check it out with us to help relieve the pressure.
1 Like
Perfetto - many thanks RicePudding! My lawyer suggested claiming compensation ages ago as a part of any legal action. we may decide to take.
I’ll answer you later if that’s okay.
Via my lawyer.
Despite her going to French Inland Revenue with the notaire? Has she met the requirements of the summons she received?
So if the Notaire doesn’t ask me to sign any documents that’s normal and the same for my sister? Does he need to see her to wrap up the succession?
My lawyer has recommended further long drawn out, expensive legal action presumably for reimbursement of my legal fees, rent, stress caused and to get her to sell half the property. If I have paid 60K euros interest, he’ll push for it too I would imagine. All this is on hold and for now I’ll try to sit tight!
What a tangled web, Sally! You are now homing-in on technical questions of legal procedure, so we must be cautious what we say or think on this forum.
Firstly, a clarification: do I correctly understand that by “my lawyer” you are referring to what you earlier described as “a French lawyer in London . . but this is outside his remit”? Now you are expressing concern that he “has recommended further long drawn out, expensive legal action”.
But meanwhile there is a notaire in Vaucluse dealing with your mother’s estate. Can you please identify who both Maître Sauvagnac and Maître Geraud are, in this context?
You also repeatedly imply that the actual notaire does not appear to have any direct contact with you. Indeed, you accuse him of being ‘manipulated’ by your sister, the joint-beneficiary; and not being ‘honest’. Consequently, you have instructed a London ‘lawyer’ to initiate proceedings independently, including instructing a huissier to act for you specifically.
It is hard to see that this has been a constructive approach. You are not aware of any outcomes - and are assuming the worse. Indeed, your ‘lawyer’ is guiding you into more confrontational pseudo-legal implementation of threats and force . . . . and you are expecting a finalised process, with documents to sign off, rather like Grant of Probate in the UK.
But it is not done like that here in France, Sally.
But then, nor should 6½ years have passed without you knowing what has gone wrong.
Something is broken - and your ‘lawyer’s’ actions are not going to mend it, by all of your accounts.
NB I’ve replied within quote to points you raise. The same with my last long post.
I hear and take on board what you are saying.
I haven’t the appetite for a long drawn out legal battle and that’s why I haven’t signed the next legal proceedings contract. However I do need all my inheritance and I know my sister will cling on to the very large house.
Is she just hoping to drag it out till one of you diea then?
Thanks Karen for taking the time to reply. It certainly has felt like that at times.
When she did message me last March to tell me she was going to French Inland Revenue with the notaire, she added - “I hope to God you’re okay” and I felt she was hoping perhaps I wasn’t.
It has taken time for me to rehabilitate and I’m very close to how I was pre-illness - fine.