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French Inheritance

34 replies

SixtyPercent · 28/06/2022 18:46

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.

OP posts:
Dressingdown1 · 28/06/2022 21:26

A house in France would be dealt with under French inheritance laws, regardless of the nationality, residence or domicile status of the late owner. Other assets may not be quite so clear cut.

HollowTalk · 28/06/2022 21:33

No, stick with what is legal and rightly yours. Your dad wanted you to have that money, the French legal system says it's your right, so you have it.

C8H10N4O2 · 28/06/2022 21:41

Would your father have wanted to disinherit his children and grandchidren? Sounds unlikely if he wanted to leave you a share of the property whilst ensuring his widow had a home.

As others have said - you need advice from someone who understands French inheritance law which is very different from English rules.

NoraLuka · 28/06/2022 21:44

Agree with everyone saying that you will inherit part of the house under French law if there is no will - children automatically inherit from their parents but if their other parent/step parent is still living in the house it can't be sold without their agreement.

Pompom2367 · 28/06/2022 21:46

Speak to a lawyer op it doesn't sound right to me

Oceanus · 28/06/2022 22:02

Morally, there's no doubt both kids are entitled to the dad's share, so don't feel bad for wanting it. That house is also part of your DM's share, so don't feel bad.
I don't know anything about French law but common sense tells me: you wouldn't have to sign anything if you weren't entitled to something. If she wants you to sign something and she's putting pressure on you to sign it fast, it sounds as though she doesn't want you to have enough time to look for legal advice. If she doesn't want you to get legal advice, it's because it wouldn't suit her.
She doesn't sound like a good person, if that were the case, she would follow her partner's wishes.
If I were you, I'd start thinking about visiting France because of legal deadlines. Like I said, I don't know how it works there, but in most countries I know, people will be called to inherit via notifications in the paper, at the council building (a paper stuck in a visible place), etc., so you could potentially have been called already (even via post to her address) and if you don't show up soon, she's next in line. Does that make sense?
Good luck! People are always lovely, until money's in the mix. Think about your future, not hers.

Pleaseletmeconfirm · 28/06/2022 22:07

Do you know for sure that your Dad owned the whole house?

SixtyPercent · 28/06/2022 22:13

Pleaseletmeconfirm · 28/06/2022 22:07

Do you know for sure that your Dad owned the whole house?

Good point. I think they probably owned it jointly.

OP posts:
endofagain · 28/06/2022 22:21

Agree with pp that under French law children inherit property, will or no will. there are several law firms in the UK that have bilingual, dual qualified staff. It would be worth getting proper advice IMO. Do not sign anything.

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