French Inheritance

[SixtyPercent]

Is anyone on here familiar with French inheritance rules? Following the death of my mother my father remarried and they moved to France. He died early this year. In the past he had told me that his will specified that his wife inherited all money and the house would be left half to his second wife, the other half to split between me and my younger sister with step mother to stay there as long as she wanted and our share to come on her death or if she sold. However, step mother says he never got round to doing a will so she has inherited everything.

She now wants to sell the house. She has contacted me to say that my sister and I need to sign some paperwork to confirm that she can sell the house.

surely if she needs our sign off on the sale then it means that we do own at least part of the property? She says that she will leave us some money in her will but as we aren’t blood relatives then French law seems to say we get about 1300 euros tax free and pay 60% tax on the rest.

DS is single, no children and likely to stay that way (for various reasons plus we’re both in our fifties) I have two adult DCs and any inheritance would really help them out - getting on the property ladder etc. DS is basically saying we should just sign anything necessary (and foot the costs of getting it notarised here in England) but I’m not sure?

sorry for the ramble but I’m not sure how to proceed.

Have you seen a copy of the will?

You need proper legal advice

Not an expert but I understood French law protects the rights of children to inherit to an extent, but definitely get proper advice e.g www.expatica.com/fr/finance/taxes/french-inheritance-tax-101812/

StepMum says there wasn’t a will

You definitely need a lawyer - French inheritance rules are complicated. The fact he didn't have a will means it's even more likely that some share of it should go to you.

The house is definitely protected by French law and you and your sister will inherit at least a part share in it. It cannot be willed away.

You need to take advice on that and on the rest of the estate. The inheritance of money and assets could be complicated by questions about domicile and residence and also exactly where the assets are located.

Definitely don't sign anything at this stage!

Get a lawyer

I have no idea of the situation in France, but in my country in EU, the kids automatically inherit from their parents. A will is not even needed.

Yes. You need a shit hot lawyer familiar with French inheritance laws.

I am so sorry you lost your dad. For what it's worth I wouldn't believe what she says about there being no well.

That article linked above is very very interesting. You are in a much stronger position than you thought.

Get some professional help, I wouldn't trust what your step mother says one little bit.

Can you read French?
If you can the share you get is explained quite clearly on French gouvernement websites. Children can't be totally excluded in à will. Without one à second spouse gets 1/4 and 3/4 is Split between your father's children.
She will have had to see à notaire as there is property involved and is légally obliged to have told the notaire you existed. I am fairly sûre the notaire should have contacted you to sign papers.
Ask her for the notaire's name and address.

Reading that it looks like stepmum is trying to get us to renounce our inheritance. She is pleading poverty so DS thinks it would be mean for us to insist on “our cut”. I’ve no idea how much “money” they had but the house is worth about 250000 euros. He sold our old family home for £200,000 about 20 years ago and invested that money in their new life in France.

Does wanting “my share” make me a bad person?

No it does not.

And like fuck will she leave you something in her will.

No it most certainly does not make you a bad person

I live in France and my understanding is that you will get at least half of your fathers estate to share with your sibling.
This will change if your father bought en tontine in which case his dw may inherit.
However if she wants you to sign paperwork that seems unlikely.
Go on Facebook and join Strictly legal France where you will get accurate information.

You and your sibling will inherit a minimum of 66% of his estate! There's no right for the spouse to automatically inherit so without a will you may get everything, you need to contact a French solicitor ideally one used to dealing with when children live overseas

Doesn't it say that if there are two offspring then between you you will get 66%?

Your dad wanted you to inherit. That's what you have to keep in mind.

My FIL owned French property and died in France. DH and DSIL had to sign multiple forms to relinquish their rights to the property, which they were happy do as MIL needed to sell. Different circumstances obviously but the stance was they were signing away their entitlement, rather than not making a claim, if that makes sense.

Get a lawyer with specific experience in this. Don’t sign anything but I’d be very interested in seeing anything she wanted you to sign.

if your df said he had done the will are you absolutely sure he didn’t?

and no you are absolutely not a bad person for wanting what you understood your dad wanted to give you. As a minimum.

If you have Facebook there's an excellent group called Strictly Legal with some really helpful English speaking notaires. French inheritance laws are extremely complex, particularly where step families are concerned.

I lived in France for many years and I agree with Floella, join Strictly legal France on Facebook and get some accurate info and probably the name of a local notaire (=solicitor) who might speak English to help you.

Normally a person in France cannot disinherit their children. Your Stepmum may assume she has inherited everything as she would under British law but this is not the case in France.

When I lived in France our notaire explained that if my DH died, I would be allowed to live in our house as long as I wanted, but when sold I would get one fifth of it. Estate would be split between 5 (me and the four children.)

Thanks… I’ll get onto that FB group.

DS thinks we should just let her have the money and I can see where she’s coming from BUT it would make such a difference to me and my children. We didn’t inherit anything when our mother died and when our grandparents died all their estates went to our parents (neither had siblings).

She is definitely trying to fleece you...hence wanting your signature. I am a French national & my parents left a will so their house would go to the last of them living. Best of luck to get this sorted. Affairs would be dealt by a notaire...I wonder if you could find out who is dealing with it.

French law dictates that children must be included. Will or no will. You need to speak to an English-speaking French lawyer or notaire who will inform you of your rights. However, it may depend on whether your father had French citizenship and was, therefore, considered a French national, or whether the French government view him as a British national, where there is no law to protect children in terms of inheritance