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English speaking families living in France.

British and French Wills

nbe1234
21st November 2006, 22:50
As you may all be aware your English "will" is only a guide in France and therefore if you have family disputes they will run with French law rather than your English "will" .

As I understand it even a French "will" does not cut the relatives out ?When my father died in France my sister got 2/3rds (mother had already passed away) but they could not cut me out totaly.

So I have no parents or children but I do have a sister who may want to claim on my estate in the event of my death. I cannot let this happen.

My partner does not work so cannot go on the French mortgage and I am worried my sister could in the event of my death lay claim to any estate and evict my other half out of our house.

Can anyone throw any light on this and suggest a solution to keep the house etc from falling into "relative" hands:confused: ?

frenchie
23rd January 2007, 13:13
Your best bet is to talk to a French "notaire" about the situation and see what he suggests. My husband and I need to look into this soon, as we do have a child and I would hate for something to happen to us and our child to go to my husband's family.

You are right that French wills cannot cut relatives out, though... but you may be able to set it up so your partner has some claim; I am not sure.

Marla
4th April 2007, 17:09
I am in the midst of all this right now. My partner and I are in the process of buying an apartment, and have been to the notaire. If you are married or pacsed, a new rule stipulates that if one partner dies, the other has "usufruit" of the house or apartment until his own death. Then the house is divided between children, or if there are no children, the families of the two partners, after they have both died. The good thing about this is that the relatives of the first partner to die do not lose all if the second inherits, because the "bien" would have been left only to the surviving partner's relatives.

Mlle Smith
14th April 2007, 22:47
As you may all be aware your English "will" is only a guide in France and therefore if you have family disputes they will run with French law rather than your English "will" .

As I understand it even a French "will" does not cut the relatives out ?When my father died in France my sister got 2/3rds (mother had already passed away) but they could not cut me out totaly.

So I have no parents or children but I do have a sister who may want to claim on my estate in the event of my death. I cannot let this happen.

My partner does not work so cannot go on the French mortgage and I am worried my sister could in the event of my death lay claim to any estate and evict my other half out of our house.

Can anyone throw any light on this and suggest a solution to keep the house etc from falling into "relative" hands:confused: ?



Have you consulted a French attorney? I think in this sort of situation (as it's quite serious and important), it might be best to consult with a French attorney.