My British father passed away unexpectedly at his French home earlier this week. He was a resident of France and had lived there for nearly 10 years, not married although had a long term partner. I’m confident that he sorted his will out earlier this year, but beyond that I have absolutely no idea of what I’m meant to do. If anybody has any useful advice, bearing in mind that I live in the UK, don’t speak very good French and am unfamiliar with French laws etc, I’d be really grateful. I am flying out there with his partner tomorrow. Many thanks.
You need to start the succession process with a Notaire, usually the one the house was signed with if you can as they will have his history etc. The Mairie where he died should issue the death certificate if he was in hospital otherwise his local one. You need to inform his bank as accounts will be frozen pending succession UNLESS his partner was recognised on the account under M OU Mme whereby they can still use it. Presume the funeral has been arranged by said partner as has to be done within 5 working days or embalming has to take place and is very expensive. The partner should be dealing with it all but remember in France, it is blood kin who take precedence over partners if not married. The Notaire will have the will but its not like the UK whereby you can leave what you want to whom you want, blood comes first and the property and belongings will have to be valued by the Notaire as well regardless of who owns what. Unmarried partners have no real rights unless they have documentation as to when the property was bought and in joint purchase but the Notaire will have all that. You also need to inform the UK pension people to stop his pension and you may get bereavement allowance. Normally the Notaire or the Bank will inform the tax people automatically and if they have a car and only his name appears on the Carte Grise, the partner will have to re-register it in their name by law. Sorry for your loss but remember France is very strict where inheritance is concerned and if the property is to be sold for your inheritance, there will be allowances made and probably taxes to pay. You will also have to sign that you either accept or refuse the succession as well with the Notaire
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I’m sorry you’ve lost your Dad.
Shiba has given great advice and I’m sure more will follow. But if, at some point in the future, you could report back on how things went with sorting out your father’s affairs, that would be really helpful. With so many Brits choosing to move to France quite late in life, leaving grownup kids who speak no French and are unfamiliar with how things work in France, your experience is a very common one. Yet one we don’t hear that much about.
It would be helpful to know for example what was easy, what was hard, and to hear any suggestions you might have for things parents in France could do now to facilitate things for their families if they die.
Best of luck with everything.
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Thank you both. There won’t be a funeral as he had pre arranged to donate himself to medical science and has already been taken - very sad as we won’t be able to see him but those were his wishes. As far as I’m aware his partner never had any financial interest in any of his property and I’m unsure whether they share a bank account but can find out when I see her tomorrow. All very sad, very sudden and a huge shock, he wasn’t in hospital and it happened at home.
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Something else to expect, not French specifically, when this is all done may be unexpected times of grief or sadness after all the arrangements and fuss are over. Sorry for your loss, and I hope you can work through arrangements without too much difficulty.
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You’ve taught me something already. I’m going to take a leaf out of your father’s book and look into prearranging donation to medical science.
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Condolences to @Ukchild
We’ve arranged similar. We contacted the nearest teaching hospital and they sent us a form to complete with a registration number..In our case it’s the surgical training school at Rouen University that will hopefully find a ‘good use’ for our ageing bodies, as and when.
It is a sad moment, my husband was only 56 and we had two children together although they were in their mid to late 20’s so a bit of a comfort for me as they both did a lot of the bureaucracy being fluent French speakers. It will also be a problem regarding the partner as they have no rights over living in the house any longer not being part of the ownership process so you have to make a decision about their future and whether you want them out so you can sell up or treat them like a paying renter because taxes and bills still have to be paid for which you will be responsible if you have inherited it all. The local Mairie should have issued the death certificate and there will be around ten copies which have to be given to various officials regarding the inheritance issues and even any UK bodies for insurance and pensions will demand a copy. No cause of death will be given unless it was a hospital death whereby you can get a consultant to do an attestation as to the cause as I had to do for some UK pensions that OH had taken out years before. I sympathise with the shock, it was the same for us but I can tell you as time passes, the pain eases but never really goes away despite what you read. A lot of how things pan out will depend on the relationship you have with this partner and how they see the future, hopefully the home will be sorted amicably and it may well be she will not want to continue to live there alone. Good luck and let us know how you get on so others can take note
I think it’s a brilliant idea. Here’s some info in case anyone is interested.
If he die d earlier this week then under French law his funeral needs to take place within 5 days or he needs to be embalmed. Has his partner contacted a funeral director and arranged this? And been to the mairie to register his death?
One thing to be aware of in France is that you always need documents - so try to find his birth certificate, his passport, his carte de séjour and keep copies of these with a copy of the death certificate as you will probably be asked. And take your documents with you too! The notaire might want to see your birth certificate and ID to show you are his offspring.
Just because he didn’t want a funeral it doesn’t mean you can’t have some sort of farewell event. It helps. My mother was cremated by herself (as in went straight from hospital morgue to crematorium with no one with her) so we held a tea party in her village for friends and family.
Hopefully you and his partner can agree on what might be appropriate,
A difficult time so condolences.
This is UK gov’t guide for deaths in France aimed at tourists, but some bits may be useful to uou
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I think his partner will come back to the UK to be near her own children, none of that is an issue and I’ll be happy for her to take as long as she needs, we’ve got a good relationship and she is a wonderful person.
Good tip re. taking my birth certificate, I shall make sure that I pack it.
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When I had quite a serious accident two or three years ago, I was unable to travel back to the UK to attend the funeral of my Dad. I was quite surprised when the UK funeral director said there is no legal deadline requirement to hold a funeral in the UK, it can apparently be delayed indefinitely..My siblings then offered to delay the funeral for several months until I was able to travel. I was very grateful but politely declined as I felt much more important for my Mum to be able to have a dignified funeral for my Dad as soon as possible..
I then looked into what would have happened if this had taken place in France, obviously purely hypothetically. It appeared (2024) at least according to our Mairie that France has extended the time deadline for a funeral to 14 days from death, which seems more reasonable/practical than the previous 5 days. I assume the Mairie was/is correct but wonder if others have actual experience of this change?
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I was allowed six days because of a bank holiday for Nov 1st falling within the five day deadline. I don’t think the five days has changed as there are many more crematoriums in France now than a few years back. I think if there is an acceptable delay then the authorities would probably be more lenient but it was only day for us and we had to wait for the gendarmes to wax seal the coffin as well at the mortuary.
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Having just gone through this in December, 14 days is correct…or at least it isn’t 6.
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My friend Christine’s was delayed, as was her husbands before her last year, I assumed to allow working relatives in the UK to attend.
BTW I much prefer the English ‘departed’ to the French ‘defunt’. Never mind how accurate it is.
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@Ukchild I just wanted to say sorry for your loss.
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Not an easy situation for you - because, as you have explained, the circumstances are unusual.
Normally the French undertaker is a huge source of practical help - but you won’t have that available.
You do not say - but if your dad’s “partner” can communicate in French that will be hugely helpful.
A few specifics will help you -
- The death certificate is issued by the doctor who attended the house - not the Maire (as Shiba said).
- Assuming you know which doctor that was, you should contact them; and obtain several certified copies - they will be needed by the notaire; the bank; the Mairie.
- Next immediate contact - the notaire. This will be your mainstay. They will handle the formalities; and be able to guide you on what needs to be done - if you are lucky, they may even do stuff for you outside of the legal necessities.
- The notaire is not like a UK solicitor. They are paid by the State to calculate and collect any Taxes due, on behalf of the Revenue ( the Impôts).
- As others have said - a Will is not required in France, unless there is a provision outside of the direct line inheritance. But - it is likely that the “partner” may be included in his Will (Testament in French). You have not told us if you have siblings. Anything left outside of the siblings will attract ferocious Tax. Hopefully your dad may have an Assurance Vie in her favour, which will be hugely beneficial, if so. [This is a ‘savings’ type of life assurance - the named beneficiaries are paid without any Tax being deducted].
- The notaire will want not only your Birth Cert; but also your Father’s. Also a Bank statement for his French Bank; and his English bank. He will close the French account. His Marriage certificate will also be needed; also Birth Certs for your siblings - but these can be provided in due course.
You will need guidance on what to do with his house & furniture etc in due course - all for another day.
Keep us posted - we are here to help!
Best Wishes, Michael.
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I speak from personal experience and explained that the Mairie where the defunct died issues the death certificates emblazoned with the ville logo on it. The doctor informs the Marie. Have you been through this yourself??
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I am not addressing the process the author here has described but….
For those here with parents elsewhere (or maybe even if they are here), be aware that if you inherit from someone who is not legally your immediate family, you can expect death duties of 60%. In my case it was my mother-in-law (who had not adopted me as she married my father when they were in their early 60s).
He had predeceased her by four years so everything in Canada transferred to her. When it was then divided between five adult children two years ago, none of the others (all in Canada) paid a dime in inheritance taxes. I paid most of mine over. I checked with two different lawyers here and one in Canada; none said we had a leg to stand on. We tried asking for consideration anyways. No. Pay up.
So, some of you might want to look into such matters BEFORE a death. You might be able to arrange the wills or set up a trust in advance. You can’t do much afterwards.
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