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French inheritance law

7 replies

Nightlife11 · 28/01/2018 14:31

My father passed away recently. He lived in France and had done for the past 7 or 8 years. He changed his will around 6 months before he died, leaving everything to his second wife and her family, who he didn't know or have a relationship with. My family find it very suspicious and are very upset. I am his only child and I was advised by the family to look at French inheritance laws. I have done so and it seems that they are pretty clear regarding bloodline inheritance. As I can gather, my next step is to find his notary and also get a copy of his will. I do not have communication with his wife and she is witholding information. I have registered for a copy of his will on the ADSN but it says I need to provide a copy of the death certificate, which obviously I don't have. Is this true? Is there any way around it? Regarding notaries, I have emailed the two that are registered in his village hoping it may be one of them. Does anyone know how else I could track his notary down? Will he definitely have one? Is there any way he could have an English solicitor and no notary? Thanks so much, any help would be greatly appreciated.

OP posts:
catslife · 29/01/2018 09:25

My understanding is that deaths in France have to be registered through the local maire, so would contact them for a copy of the death certificate.
Marriage (or remarriage) does mean that previous wills are invalid so a new one would have been needed anyway, but understand your concerns about the new one.
There have been changes in French inheritance law since the old thread that you posted on. A link is attached here www.french-property.com/guides/france/finance-taxation/inheritance/rights/. I hope this helps, but it may not mean what you had hoped for....

Nightlife11 · 29/01/2018 10:35

Thank you @catslife I really appreciate the help. I will try and get a copy of the death certificate from the local maire. Thanks again

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whataboutbob · 29/01/2018 13:06

You are right, under French law (also Scottish btw) you cannot disinherit your children. Children are "heritiers reservataires" and are entitled to a proportion of the estate.
What is likely to make a difference though is where is his estate. Are his accounts in England, or in France or both? My understanding is you would have a claim against any estate in france (property, money etc) but if he moved his money out of France it might not be under their jurisdiction. There are several French lawyers in the UK who could talk you through your entitlements, at a cost of course... Easily findable on goole. Good luck.

whataboutbob · 29/01/2018 13:17

Also the French state will want to collect inheritance tax on your Dad's estate. That is actually the prime function of a notaire in probate cases. ie their 1st responsibility is to the French state not the client/ beneficiary.

Nightlife11 · 29/01/2018 13:25

Thank you @whataboutbob His primary residence and estate is based in France. From recent research I think that it will depend on the language in his will as to whether the French succession law will apply, as is he has opted to have his will governed by UK law, as per Brussels IV, then the provisions in the will are followed. From what I can gather. I only want whatever he wanted, I just really need to see a copy of the will so I can determine whether my families suspicions are valid. Does the inheritance tax only have to be paid once the property is sold, or is it something that needs to be addressed more urgently? Thank you!

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whataboutbob · 29/01/2018 17:43

I must admit I hadn't realised you can opt out of French inheritance law as an expat. That is something relatively new. It makes finding his will paramount.
Trying to remember back to when I went through this with my French grandparents. I thing the notaire did all the division of goods and inheritance tax at the end, once the accounts had been closed And apartment sold.

Nightlife11 · 29/01/2018 18:41

@whataboutbob Yes I think it came in in 2015. I am trying to track down his notarie. I have emailed those in the town he lived so hopefully one of them will be the right person. Thanks for your help!

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