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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1412
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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Hello, my brother has passed away 2 weeks ago in Lectoure France.

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Hello, my brother has passed away 2 weeks ago in Lectoure France. The local Natary B Albinet, has passed a copy of his will. The will states that half of the property to be left to myself and my brother. My deceased brother's wife passed away some years ago and we were unsure whether she left half of the property to my brother. Does the previous will of his deceased wife over-ride my brothers will? THanks, Mathew
Your brother can only bequeath what he owned. You need to ascertain whether he owned the entire property or not by checking the deeds. If his deceased wife left her half of the property to someone else, you can only inherit your brother's remaining half.
If your brother's deceased wife had one son, she could only leave 50% of her own assets to your brother, as at least 50% were to go to her son, by law. However, if the property was their matrimonial home, your brother, as her husband, would have had the usufruct (right to use until his death) of the entire property.
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