Inheritance Law

[Leolioness]

I recently visited my sick father in France. My father remarried and retired from London life to France with his second wife. His wife has 3 adult sons from her first marriage and has always tried to keep my brother and myself as far away from my father as possible.

During my extremely emotional visit she told me that he has left everything to her and that she will be leaving it to her 3 sons. I was so shocked and upset I said nothing. I always thought that we would have a difficulty with this but I did not think this is possible.

If the house is in her name and he has left everything else to her is she correct?

Does it make a difference that before he was diagnosed they shared a house and since he was diagnosed they moved to a house and put it in her name (I think).

It is true what they say in the fairy tales!!

[Bevdeforges]

What nationality is the second wife? Because what she's telling you doesn't entirely make sense.

First of all, in France, the rule used to be that spouses couldn't inherit from each other. This changed a few years back, but the surviving spouse's share of the estate is limited. In the case where the deceased has two children from a prior relationship, the surviving spouse is limited to no more than 25% of the estate.

Now, this can be shifted a bit, depending on the marital regime the couple was married under or adopts after marriage. There is one regime where the survivor does indeed get everything - but in order to adopt this regime, the adult children of both partners must give their approval at the time the regime is adopted.

There are also some adjustments that can be made using "gifts between spouses" (donations entre epoux) but even under those, the 25% limit still holds.

If the house really is in her name, she has to have provided the funds to buy it from her own resources (i.e. not from common funds) and you should look into what regime they are under. You probably have cause to contest the settlement of the estate. These things can get very complicated where children from prior relationships are involved, but her range of action is generally pretty limited.
Cheers,
Bev

[Leolioness]

Thanks for your input it is extremely helpful. His wife is British. Is there a way I can find out who owns the property?

[Bevdeforges]

Originally Posted by Leolioness

Thanks for your input it is extremely helpful. His wife is British. Is there a way I can find out who owns the property?

The information should be available from the local cadastre (property register) usually maintained at the mairie (town hall). You can engage an attorney in the area (or possibly a notaire) to check the cadastre and find the registered property owner.
Cheers,
Bev

[parsnips]

Originally Posted by Bevdeforges

What nationality is the second wife? Because what she's telling you doesn't entirely make sense.

First of all, in France, the rule used to be that spouses couldn't inherit from each other. This changed a few years back, but the surviving spouse's share of the estate is limited. In the case where the deceased has two children from a prior relationship, the surviving spouse is limited to no more than 25% of the estate.

Now, this can be shifted a bit, depending on the marital regime the couple was married under or adopts after marriage. There is one regime where the survivor does indeed get everything - but in order to adopt this regime, the adult children of both partners must give their approval at the time the regime is adopted.

There are also some adjustments that can be made using "gifts between spouses" (donations entre epoux) but even under those, the 25% limit still holds.

If the house really is in her name, she has to have provided the funds to buy it from her own resources (i.e. not from common funds) and you should look into what regime they are under. You probably have cause to contest the settlement of the estate. These things can get very complicated where children from prior relationships are involved, but her range of action is generally pretty limited.
Cheers,
Bev

Hi,
If the house was bought in the second wife's sole name , then getting their share would involve complex and costly legal proceedings, to prove that the father had contributed and to what extent. It might not be worth the costs. If the house was bought jointly , then the deceased's natural children cannot be denied their rightful share . They should consult an avocat .

[Leolioness]

I will probably have to seek advice. Your advice is good but not what I wanted to hear!!
So thanks.

The house was bought from the proceeds of their first house which was definitely in joint names and they have lived off his pension and not hers. So if they have put the house in her name it will be from the proceeds of joint names
I imagine I have a good case.

Do lawyers work on a percentage or no win no fee in France?

[Bevdeforges]

I'm not sure, but I believe attorneys in France are not allowed to work on a contingency basis - they charge fees based, I suppose, on their time spent on the case.

Was their first house (the one purchased in joint names) in France? If it was, then putting the house exclusively in the wife's name may be seen as a pre-mature distribution of his part of the estate. (French inheritance law is kind of strange in this regard.)

You may want to try and find a French qualified attorney in the UK to start out with. I notice that the British Consulate doesn't have a list of dual qualified attorneys in France. Another possibility is to use the American consulate's list of "English Speaking Attorneys" - which includes some dual-qualified lawyers (French and US). http://photos.state.gov/libraries/fr...-attorneys.pdf

Certainly worth at least an initial consultation to see if you have a case.
Cheers,
Bev

[Leolioness]

Thanks, I feel I don't want the wicked step mother to win this - good must shine out overall in the end. Especially as she said it to me while my dying father was laying in his bed in the other room!

[Bevdeforges]

Originally Posted by Leolioness

Thanks, I feel I don't want the wicked step mother to win this - good must shine out overall in the end. Especially as she said it to me while my dying father was laying in his bed in the other room!

Full disclosure: I AM a wicked stepmother... which is how come I know any of this inheritance related stuff.

Actually, though, I'm not looking to cut DH's kids out of what is rightfully theirs. Just trying to protect my own interests, given a somewhat difficult family situation and inheritance laws that are very foreign to the anglo-saxon traditions.

There may not be much you can do until after your father's passing. The key factors at that point will be what "regime" they are under (this is based on where and when they got married - or if they changed their regime while living in France) and any "donations entre epoux" or similar documents they may have executed since coming to France.

There is also the possibility that the notaire will handle everything just fine and surprise the heck out of your evil stepmother, meaning that you need not pay lots of attorney fees. But I'd at least go for a consultation with a French qualified attorney to find out exactly where you stand in all this.
Cheers,
Bev

[Leolioness]

When did the law change with spouses not being able to leave everything to ur spouse? Was is 2007? Beacause they bought their 2nd home before this and may be hopefully unaware of new rules.

On thing her some said to me on the plane as we travelled back was "Its all a terrible mess". Again I said nothing because I didn't want to engage with him. However, he is a nice and reasonable person.

I will pursue/challenge her regardless as this is so unfair especially the way she gloated as she told me.

You did make me smile when u said "I am a wicked step mother"!