French Intestacy - Who inherits if I have no Will?

Question

What will happen to my estate if I don't make a will. I'm British, married and live in France full time with one son in the UK and a step daughter who lives in America.

Answer

If you die without a Will, whilst having France as your permanent habitual residence, then France will apply French intestacy law dévolution légal to determine who inherits your estate.

If you have a marriage regime then that would direct which assets your spouse inherits under the marriage regime. For example, French universal Community with an attribution clause would allow the surviving spouse to inherit the estate.

If you do not have such a marriage regime, and were married in the UK, with a son presumably from that marriage, your spouse will be given a choice of taking one quarter of your estate or taking a life interest (usufruit) in your estate.  An usufruit is a right to live in a property for their lifetime, the right to take interest and dividends, rental income etc).

If your son is not from your marriage, then your spouse only gets to have one quarter of the estate.

Your bloodline son takes the rest of the estate, i.e. three quarters in full ownership, or the whole of the bare ownership of the estate, which turns in to full ownership on the death of the surviving spouse.

Your step daughter has no rights of inheritance on intestacy, unless you have formally adopted her.

If you have immovable property outside of France, then the laws of that country would apply to your immovable assets in that country. 

French Intestacy law would apply to everything else passing through your estate, including foreign bank accounts.

You could of course execute a Will and decide who to leave your estate to, and as you are British, you can carefully elect British law (English and Welsh, Northern Irish, or Scottish) to apply to your estate, which gives you freedom to leave your estate to whoever your wish.  You should seek expert advice on this though, as a poorly drafted Will might not reflect your wishes, may have tax problems, and can be challenged - which becomes more likely if you are were to elect the law of your nationality in order to disinherit someone.

John Kitching

Director

French Law Consultancy

 Original text from an Article written for Connexion France magazine January 2021