No, it is actually very simple, and it is fair, the code civil sorts everything out. But it isn’t necessarily what a particular individual would like.
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yes sounds rather complex a swedish person trying to explain it to me lol. i know its simple if wife husband alive they get it if not kids get it.
I have a linked question and would love any advice anyone has…my father passed away recently. He was from the UK but lived in France with his second wife for a very long time. I have not seen his will but she says that he left everything to her and her family. I find this difficult to believe and would like to see a copy of his will. I have tried the adsn but the report came back blank and I have emailed his noraty many times (the town hall mairie gave me the name of the notary who is on his death certificate) but they are not replying. Is there anything else I can do? I would like to see his will for two reasons- one to check that what she is saying is accurate and two to see whether it is governed by english or french law, as I believe that if it is governed by french law then their inheritance succession law automatically passes a portion of the estate to his children. Does anyone have experience in this area? Lastly, I have just found out that she is selling the property they lived in, which was in his name. Does this suggest that his estate has been settled since she is free to sell the home? Any help or advice would be very much appreciated! Thank you!
pmed you
Except when a tontine has been enacted in the Acte De Vente. Disinherits children, everything to survivor.
Are you sure, our current house was bought ‘en tontine’ so does this mean my wife’s children will have no claim on the house if she dies first?
absolutely, tontine means that the survivor inherits as though the deceased had never lived. That’s the technicality to ensure no family claims on the property from children, siblings etc (unless children are dependent but let’s assume not). So in a tontine, if Miss A has two children and Mr. B has two children from separate relationships, and Mr. B. dies first then Miss A inherits everything. Mr. B’s children receive nothing. If Miss A. wants to leave the property to her two children, Mr. B’s children have no claim. If she wants to leave the property equally between the four children, that Mr. B’s children would pay substantial tax as they are not blood related.
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As has been said already , instead of all this more and more complicated conjecture , why not simply ask your father what succession arrangements he has made? Even if his answer is not favourable to you , he might give some clues as to what type of will he has , and in what jurisdiction - or indeed that he has not made a will (lots of people don’t).
In your place I would send a copy of your birth certificate, showing him as your father, to both the notaire AND to the mairie, both recorded delivery stating that you have a right to view all documents relating to the succession as one of his ‘reserved heritiers’. Get it written in French, I suspect that a letter in English might be ignored, and give a timeline that you expect a reply by (date).
Thank you very much for the advice, I will do it this week. Do I have a right to see a copy of the will if he hasn’t included me in it? Thank you!
I’m afraid I don’t know if you have a right, others may advise you. But a notaire should be made aware of all the deceased’s children, even if the will has disinherited them, since family members are also responsible for debts, etc. So you should make yourself known to them.
Ok thank you Sandy
as a direct relative according to the links i put above yes you do. all depends on several factors though.
Ok thank you Harry
I think some of this has already been covered on the’ Important Changes To French Inheritance Laws’ thread …
Hi all,
Continuing on this thread can anyone advise me as to the format i write a letter of intent to or is that not sufficient to state i want my country of birth Last Will & Testament to take precedence (In other words I need a french will?) Thankyou
Hi,
You have to make a french format will-written in english if you wish , in which you opt for UK law for your last wishes , and then set them out . Although you can make a self -written holograph will , I strongly advise going via a good well-informed notaire.
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