Avoid inheritance mistakes in France

We receive many reader queries about French inheritance – and the sensitive issue of what to do when a relative dies here. UK-French law specialist Graham Platt answers your questions below, and our list of local contacts is here to help

My husband and I own a second home in Normandy. We wrote our wills in England (where our main home is). Will this cover our French home too?

French law will govern what happens to your French home on the death of either you or your husband. In the absence of a French will, the notary will divide the property according to strict provisions and children are first in line.

The survivor of you and your husband is entitled to a share in the deceased spouse’s French estate. The size of share will depend on how many children you have.

An English will is only relevant if there is any share of the French property left after the entitlement of any children and the surviving spouse are taken into account.

It is always preferable to make a French will because the formalities are much simpler and less costly to deal with. If there is no French will, it is sometimes necessary to arrange for the UK will and other documents to be translated and “legalised” and this increases the cost and time.

How long does it take to write a will in France and how much does it cost? Do we have to go via a notaire?

There are various types of will permitted in France. The simplest is a testament olographe. This is handwritten by the individual on plain paper.

It can be done without the involvement of a notary but if there are any errors it can be deemed invalid at a later date.

It is therefore prudent to get the assistance of a law specialist or your local notary. The will should be lodged with the notary for safekeeping and for registration at the Central Wills Registry. The cost including guidance from the notary is generally no more than €100. If arranged with the assistance of a UK solicitor, add an extra £100.

My husband has children from a previous marriage that he has not seen for 20 years. How can we make sure that I do not lose the property to them if he dies?

It is very difficult to disinherit natural or adopted children under French law.

If you have not already bought a property in France there are ways in which you can get around the succession laws but this needs careful consideration and discussion with a law specialist.

If you are already owners of a French property, it should be possible for you to postpone the interests of your respective stepchildren until the subsequent death of the survivor of you or your husband. This can be done by giving each other a life interest in the property. Consult a French law specialist or your local notary to discuss your options.

Graham Platt will be speaking at a free seminar on inheritance issues in Marigny (Manche) on June 14, supported by The Advertiser.

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