I am being asked to contribute to the EHPAD fees. My parents divorced when I was 10. I was raised by my British Mother in the UK. There was no contact or financial contribution whatsoever, from my Father (French) since that time, who remarried and had another family. In recent years, now in my 50’s, I started to visit my Father once a year, and have been in regular contact. He is now living in a care home and his wife lives in their large home with land. This is in her name only. She claims there are not enough funds to pay the fees. I have been told there is nothing to inherit.
I do not feel I should contribute and wish to look at two options. Do I renounce my inheritance, assuming this will definitely remove my legal obligations? Or could I be exempt due to Abandonment? I am sure I can prove this.
I doubt you can “renounce” your inheritance before your dad dies, or that it would make a difference to your obligations (I am not qualified in French law, however). The primary obligation is on the spouse. Usually, the EHPAD asks for the contribution, and in the absence of an agreement, the Family Court can become involved.
As @Jennifer11 asks, it would be useful to know who made the request (“I am being asked …”).
The questions I would ask in your shoes are
i. why doesn’t your father own a share in the house? Has there been a transfer to avoid fees? Does he have any other assets?
ii. What are your half-siblings doing? Are they paying a contribution? If not, why not?
iii. Is it worth consulting an avocat? Is the contribution sufficiently substantial to make that worthwhile?
It is French law that children must support their parents. So the question is whether this can be enforced when the children are outside France. I recall pre-Brexit there was a case of this being imposed but not really looked as to anything since.
The large retirement home companies each have a team of people to chase children.
Thank you for your reply. I am being asked by my Father’s wife for the contribution. The house belonged to his wife before they were married, and I believe is only in her name, but my Father contributed financially throughout all of their marriage. She has never worked. There is a half sibling, and have been told by his wife that he is paying a contribution.
You need other people here for comments on the legal side of this but it offends my sense of fairness that your father seems to have contributed nothing to support you when you were growing up but now you’re supposed to support him.
It is French law, so if one chooses to live here then personally I don’t think one can pick and choose the laws we abide by. I am incenses by changes to inheritance laws, but have to accept them. Or leave France.
Some of our French friends find it horrific and uncivilised that children can effectively disown their parents who have, however poorly, bought them up.
In the UK parents can disown children, and vice versa.
But France is not the UK!
Wasn’t Fred West British? So no problem. In France if you don’t wish to support your parents you’ll need to go to court, and Fred’s children may equally be allowed to renounce him.
The point I was trying to make was that it doesn’t seem right that any parent can expect financial support from their children even if the child has been abused by the parent, and if the child does not want to support their abusive parent, they have to go to court. Where presumably they can relive the abuse in front of an audience? Really?
I would ignore her if I were in your shoes. Only and when only should you be asked to contribute, it should come from the authorities themselves and not your step mother for all you know will spend it elsewhere!!! If you have no guilt about not paying for a father who did not help you, ignore it and get on with your life.
I admit I have no expertise in this but I’m struggling to see how, post-Brexit, someone in France can try to impose something on a UK resident. I’m happy to be proved wrong, of course.