Can estranged child of late-partner inherit their house in France?
Antonia Ridley-Hughes of Ashtons Legal explains French intestacy rules
Your rights, along with any children, depends on whether your wife left a will
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Reader Question: I live in France and my wife died six years ago, when ownership of our house was passed to her adopted son, who lives in the UK. I live in it and pay the taxes on it. I do not have contact with him anymore and as far as I know he has no fixed address. What should I do?
Usually, the matter of ownership should have been settled by the notaire who dealt with her estate, but to recap, assuming she was French resident, the default position would be that French law applies to her worldwide estate.
Your rights and those of her children would be dictated by whether she left a will or not.
French intestacy rules
If she did not, her estate is governed by French intestacy rules, under which children are first in line to inherit, subject to the rights of the spouse.
You would initially have been entitled to a quarter of the estate outright.
If the French property was solely owned by your wife but was your main residence as a couple, you would benefit from a right to use and live in it for a year following her death.
This can be extended for life - known as a droit d’usage et d’habitation viager - but these rights need to be actively claimed within a year of the death.
A lifetime right is attributed a value, which would be deducted from your inheritance share. Any deficit owing to you would be made up from other assets, although you would not owe anything to the estate if the value were superior to your basic entitlement.
Read more: Married, Pacs, cohabit: your French home rights after partner’s death
The inheritance position would be different if your wife had made a will leaving the property to her son. Where a person dies leaving a spouse and children it is possible for the spouse to be disinherited by will.
To advise fully, we would need to understand the family tree and assets comprising the succession, and to see the will.
We would be able to advise on next steps and would certainly recommend you visit a notaire. If necessary, we could assist in tracing your wife’s son, which would be prudent as he may have a French inheritance tax liability.
