I don’t believe inheritance (renouncing it or not) has anything to do with this obligation. If you renounce an inheritance then you can get out of paying debts of an estate but I’ve never heard of it affecting the obligation of care of ascentants or descendants. They can pursue you and once you have been notified your obligation has started - they can’t pursue you for arrears if you weren’t aware that you were liable.
Foupierre’s original posts on this topic…are a little complicated and may not apply to most of us. I note he has not posted since lighting the blue touchpaper…
However, it is worth noting that we are all responsible for the welfare of our family. This could be why so many older folk do stay in their own homes, with an amazing level of care provided (at a cost or under insurance etc).
A dilapidated property in our village went to auction a few years ago. Seems the guy had died in a long-term institution/hospital leaving outstanding bills. His heirs had the choice of paying or handing over the property… they took one look at the property and handed it over. Thus they were not held liable for his debt.
No idea if this is unusual or not…
The important part is that this is french code civile and therefore it cannot be enforced on non french residents if there is no reciprocal arrangement brtween France and the country of residence of the descendants
Hi
can you suggest a French solicitor please? Thank you
I have been away working so have not been able to reply.
Kind regards
Peter
I do not know where you are living/based…
but why not use a Solicitor local to you… you can give him all the paperwork and let him sort things out for you…
Just to update the community and this information is very useful as it is at variance with what we from the UK would expect or assume, it is French law that sons and daughters in law owe a duty to a parent in law in need of sustenance (basically any living costs unless you let them live with you) and **that does not expire on death of your spouse if you have surviving children. This is contained in Article 206 of the French Code Civil. I have copied the translation below. It would also seem that just because your in laws have their own surviving children this obligation falls in no particular order. It does not end if you get remarried either.
It is however reciprocal therefore if you find yourself in need you can request that your in laws assist you and they are also bound to do so. Also your duty to yourself and your close kin takes precedence and if you cannot afford to contribute that is a plea you need to make under article 208.
It seems a fairly onerous obligation but having researched it as with many of these laws it has historical roots that make sense and possibly our culture differs a lot in this respect. Certainly in Scotland the in-laws are usually suffered or feared or both. To have to accept a lifetime bond at marriage would probably end the institution of marriage in Scotland. I spent sometime looking at the Code Civil in respect of families and it does instil a duty on families to look after each other which differs from the UK situation and I would suggest if you live in France you do get to know how you are affected by the obligations of the civil code.
If you live in France you fall under the Code Civil.
If any one has questions on this please contact me.
Art. 205
(Act n° 72-3 of 3 Jan. 1972)
Children owe maintenance to their father and mother or other ascendants who are in need.
Art. 206
(Act of 9 Aug. 1919)
Sons- and daughters-in-law owe likewise and under the same circumstances, maintenance to their father- and mother-in-law, but this obligation ceases where the spouse owing to whom the affinity existed and the children born of his or her union with the other spouse are dead.
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Hi Marie,
I came across this post, I know this is 2 years old, but has anything developed since you posted this? I have a similar situation with a family member that I am trying to assist. We have a French grandmother residing in France, specifically in a nursing home. Our mother’s are currently paying for this expense. We were told that if our mother’s pass, it will be the grandchild’s responsibility, the ones that reside in France and the US. Any information would be greatly appreciated.
Hi Valerie
Nothing much more to add I’m afraid. It was decided that that there is no reciprocal agreement between Jersey and France so they could not enforce payments for me. For anyone living in France I think they can enforce payment under the code civile unless you can prove you can’t afford to pay. I don’t know anything about US law so wouldn’t know if its enforceable. I suppose you can wait to be summoned to french court, after which they will look into bringing to a court in your country. Unfortunately cost me a fortune in local lawyers fees trying to look into it from Jersey when they didnt know the french law.
French Code civile does say you are responsible for care of any ascendants but does seem harsh to be held to a law when you dont live in the country. Good luck with french bureaucracy.
Why shouldn’t children look after their parents? Why should it be someone else’s responsibility? (Leaving aside the cases where parents abandon/mistreat their children, apart from anything else it is a reciprocal thing, surely).
I find the apparently common UK attitude of dumping your family (descendants and/or ascendants) as soon as you can absolutely extraordinary and horrible.
When children have stolen from you, trashed your home, been verbally abusive and generally behaved as if you have no connection to them other than a source of funds should they continue to be supported?
When parents have refused contact with a child since age 16, and not wanted to have any involvement in their adult life, should they continue to be supported? Particularly if supporting the parent would cause the child (now adult) financial hardship?
There are many nuances that don’t cross the line into formal abuse, so a blanket requirement that families should continue support ad infinitum doesn’t sit comfortably with me. But with an ever ageing society it’s an urgent question to look at, as now have people in their late 60’s having to continue to work to pay for their parents.
I did say
And it should be reciprocal, so unless parents have been awful, why shouldn’t children support them? The majority of parents I should think support their children, however ghastly they can be at times.
I’ll flip this on its head and ask why should they?
Trying to encourage debate rather than start an argument 
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I think you have to remember that whilst it might seem bizarre from an Anglo Saxon perspective (where parents can merrily disinherit their offspring and leave the lot to the local donkey sanctuary), it makes sense in France where inheritance laws are quite different.
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Yes, agree totally that there is a big cultural element in this - and there are strong arguments that kids should look after heir parents (who, after all paid out to bring them up).
However there is a generation at present who are squeezed between looking after their own children and their aged parents.
Also, family dynamics are important. I’m not on speaking terms with my father, admittedly largely due to my sister’s delusional meddling - so, while I wouldn’t exactly want to abandon him, anyone who suggested that I pay significant sums towards his care would get short shrift 'm afraid.
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And what if they didn’t?
How is this assessed?
Hello
The French law is clear that Sons in Law are responsible for their mother in law’s costs - care home or otherwise - or a share at least along with her children - even where the son in law is widowed. A court in France has ruled this.
Whether such a judgement is enforceable (en Ecosse) is uncertain and post Brexit even less likely. Enforceable laws must not conflict with Scot’s public policy - but at the moment it would be down to me to go to court to challenge on that point - costly!!
To be honest I’ve lost my wife and all this is just so inconsequential to my loss - I don’t care. I’ve also lost France which is so sad - if you live there embrace it. I miss the too long dinners - I used to hate. The seemingly little things people there cherish that make the country so good - the gossip over wine, the family chit chat. I miss France.
Hope this helps
Peter
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Oh my parents looked after me, just not all that well emotionally. I’m not feeling any sense of obligation here. I’m trying not to make the mistakes that I perceive they made with my own son - but I guess I’ll inevitably make mistakes of my own - I just hope they aren’t too bad.
Peter, of course is right when he says that if it is French law then it doesn’t really matter what I think - but I have to say that expecting the widowed spouse of someone’s offspring to contribute to their care is a bit much.
It’s a problem that affects all societies as we live longer but in frail health and, in its own way contributed to May loosing the Tory majority. Being persuaded of her unassailably she tried to get changes in care provision which would have made it more expensive for families with relatives in care - it went down like a lead balloon and lost her a good bit of support at the ballot box.
Mum had Alzheimer’s - paying for her own care burnt through all her assets. Even an average sort of care home - nothing fancy - cost nearly £2k a month, paying for that would have bankrupt me.
I am an only child. My parents sent me away to school at 4, I boarded for my entire school career and saw them at most 3 weeks a year. My father is dead and my mother has Pick’s disease, so she hasn’t known who I am or indeed who she is for over 15 years. I shall be looking after her when/if my stepfather can’t.
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fascinating thread, ultimately care for the elderly is not cheap and to look after relatives yourself comes with its own price. Given demographics it won’t go away. I can almost see a reversal of recent trends where children begin to encourage their parents to; smoke, drink and put their feet up whilst eating fatty foods.
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