The refusal to sign a power of attorney in matters of inheritance is not merely a procedural whim. It produces concrete legal effects on the settlement of the joint ownership, on the liquidation deadlines, and, since law n° 2026-248 of April 7, 2026, on the judge’s ability to override the inertia of a co-heir.
Law of April 7, 2026 and Article 815-6 of the Civil Code: What changes for the recalcitrant heir
The amendment of Article 815-6 of the Civil Code by the law of April 7, 2026, has redistributed the balance of power within the inheritance joint ownership. A co-owner, even a minority one, can now request the judge’s permission to sell a jointly owned property when the operation meets an emergency situation and the common interest of the heirs.
In practical terms, the co-heir who refuses to grant power of attorney to the notary to block the sale of a property loses some of their leverage. The judge can authorize the act without their consent as long as the deterioration of the property or the accumulation of charges justifies it. We observe that this reform specifically targets inheritances that have been blocked for several years by a silent heir.
The decision to refuse a power of attorney at the notary’s office must therefore be evaluated in light of this new provision: the blockage is no longer as enduring as before, and the procedural costs fall on the one who opposes it without legitimate reason.
Notarized power of attorney in inheritance: legal scope of the mandate and limits of the agent
The power of attorney given in the context of an inheritance is a special mandate within the meaning of Articles 1984 and following of the Civil Code. The principal authorizes the agent to perform specific acts on their behalf: signing the certificate of notoriety, accepting the inheritance, participating in amicable division.
The agent cannot exceed the terms of the power of attorney. A mandate drafted to sign the inventory does not cover the sale of real estate. Any confusion on this point may lead to the nullity of the act performed beyond the defined scope.
- The authentic power of attorney, received by a notary, is required for acts concerning real estate (sale, mortgage, division including a property).
- A private deed of power of attorney is sufficient for certain conservatory or routine administrative acts, but the notary in charge of the inheritance may refuse it if they believe it does not provide sufficient guarantees.
- The principal retains the right to revoke the power of attorney at any time before the execution of the act, without having to justify their decision.
Refusing to sign a power of attorney amounts to demanding physical presence at every step. If the heir does not show up either, they accumulate two forms of blockage: absence of representation and personal absence.
Concrete risks of refusing power of attorney for the heir and for the joint ownership
A refusal of power of attorney does not suspend the tax obligations of the inheritance. Inheritance taxes remain due within the legal deadlines. Delays in payment generate late interest, which all co-heirs bear, including the one blocking the procedure.
Blocking the amicable division act
Without power of attorney and without physical presence, the notary cannot obtain the consent of the heir. The amicable division act requires unanimity. A single refusal is enough to paralyze the liquidation.
The other co-heirs then have the summons to take a position (Article 771 of the Civil Code). The summoned heir who does not respond within two months is deemed to accept unconditionally. This forced acceptance does not resolve the issue of division, but it prevents the heir from renouncing later to escape the liabilities.
Transition to judicial division and distribution of costs
When the blockage persists, the co-heirs can bring the matter before the judicial court to obtain a judicial division. The procedure is lengthy and costly. We recommend not to underestimate the financial impact: attorney fees, real estate appraisal costs, notary fees appointed by the judge.
The judge may assign the procedural costs exclusively to the heir whose refusal is deemed abusive or dilatory. Article 700 of the Code of Civil Procedure provides this leverage to co-heirs acting in good faith.
Heir abroad or unreachable: alternatives to the classic power of attorney
The refusal of power of attorney takes on an additional dimension when an heir resides outside France. The notarized power of attorney must then be apostilled or legalized according to the country of residence, which adds delays and costs.
If the heir refuses to cooperate or remains unreachable, the notary can request the judge to appoint a succession agent (Article 813-1 of the Civil Code). This agent manages the inheritance in the common interest and has powers of administration, even disposition under judicial control.
- The judicial succession agent can sign conservatory and administrative acts without the agreement of the absent heir.
- For acts of disposition (real estate sale), specific judicial authorization remains necessary.
- The appointment of a succession agent does not extinguish the rights of the recalcitrant heir, but it neutralizes their ability to block ongoing operations.
This procedure, combined with the new provisions of the law of April 7, 2026, significantly reduces the leeway of the heir who uses the refusal of power of attorney as a strategy of obstruction.
A refusal of power of attorney motivated by a disagreement over the valuation of assets or the allocation of gifts remains legitimate. It compels co-heirs to negotiate or submit the dispute to the judge. In contrast, a refusal without stated reason weakens the position of its author before the court and may justify procedural sanctions. Before refusing, it is advisable to formally document the specific reasons for the disagreement with the notary in charge of the succession.