French Inheritance
In France the inheritance laws govern inheritance provisions of any property on French soil. Even a resident in England who owns a house in France is subject to French inheritance law. Under these laws certain members of the deceased are automatically protected, regardless of any wills or wishes outstanding. The laws are complex and are constantly evolving.
Avocats at the Anglo-French Lawyers’ Group provide inheritance advice to expatriates throughout France and abroad designed to meet the needs of each individual or couple and their family. In particularly complex cases, the Group calls on its network of inheritance experts.
Reserved Heirs
Under French Inheritance laws, a certain category of heirs are called “reserved heirs”. The new legislation in effect from 1 January 2007 has narrowed the categories of reserved heirs. The portion of the estate which must be allocated to reserved heirs is known as the “reserved portion of the estate.”
Despite the laws as to protected heirship, individuals do have a degree of input into how those rights are carried out and each case has to be studied separately. French property owners may of course do nothing and accept the law as they shall apply to their case, and in some cases, this may prove to be the best option. Other options include 1) forming an SCI (a real estate private company), 2) a Tontine agreement, comparable to a joint tenancy agreement, 3) a change of marital regime, and, lastly, 4) testamentary dispositions as to the part of the unreserved portion of the estate.