Married to French woman but living in UK quesrion about inheritance in case of death.

[-mia-]

Originally Posted by Bevdeforges

Not quite. Up until a few years ago, spouses indeed had NO right to inherit from each other. (The notaires LOVED posting this little fact in their waiting rooms in order to drum up business.)

On the death of a spouse, the surviving spouse now may inherit - but how much depends on how many children the decedent had (in the current marriage or outside of it - prior marriages or not).

But being resident outside of France changes the situation by quite a bit. This is an old EU FAQ sheet on "international successions" which might shed some light on all this: EUROPA - Press Releases - Simplification of regulation on international successions

There has been some recent change to the law in France, but poking around a bit on the Europa website might yield a bit more information.
Cheers,
Bev

Ah. Ok. That is why the notaire said what he did. That's quite surprising actually. Well plain crazy actually that a spouse doesn't inherit especially in favor of siblings!

The Swiss (French) default marriage regime is very similar to the French one. But it seems inheritance law is different in that the spouse if the first to inherit.

[Boristhespie]

Thanks. When we married we were informed that a prenup could be used to set out exactly what you say. Namely that you take out what you put in and each retains what they had prior to this.

But we were told that we needed a prenup to ensure this NOT that it was the default status.

What I believed was that what is mine is hers and vice versa.

The latest from the notaire has put the willies up us in that should she die before me we are being told her brothers and sisters would have a claim on what would be OUR joint estate. Namely our house and insurance even monies paid out from job on death. Obviously this would have huge implications for myself and my ability to retain my home and make provision for future.

I guess We have been naiive.a

There is also the added issue that the brothers and sisters are not my favourite people nor the most generous.

We have NO children

[-mia-]

We have the same problem. Because we have no children, our mothers stand to inherit 25% of our total assets. My mother would never ever exercise that right. His mother, she'd be knocking on my door the day after the funeral and I'd have to sell the house.

I haven't looked into what can be done. Because I guess we always put this stuff off.

My husband's brother passed away not long ago. But I remember when he went in for heart surgery he wrote out something that requested that should he die his wishes were that his mother renounce her claim to the estate. I'm not sure if that would have helped as he came through the operation and when he did pass away years later his mother was no longer with us. (I guess that's confusing. They have two different mothers. )

[Boristhespie]

Thing is our assets are largely in Scotland. Only what she has now inherited is in France. My main concern is our UK assets.

The French system for everything is hideously and needlessly bureaucratic.

This may be muddied by my wifes wish to take out UK citizenship.

The sibling thing is like your scenario.

[Bevdeforges]

Don't let a rogue notaire freak you out. It's the residence at the time of death that determines the applicable inheritance law. But if you have concerns, check with a local solicitor and both of you prepare wills according to Scottish law. The French law should apply only to the property in France that she inherited from her parents.
Cheers,
Bev

[-mia-]

Originally Posted by Boristhespie

Thing is our assets are largely in Scotland. Only what she has now inherited is in France. My main concern is our UK assets.

The French system for everything is hideously and needlessly bureaucratic.

This may be muddied by my wifes wish to take out UK citizenship.

The sibling thing is like your scenario.

AFAIK, since you are not living in France, the issue is only applicable in France to French assets. Although I would read the new EU directive carefully. It could cause problems if your wife doesn't have a will in the UK.

Now that you know there could be an issue with your wife's French inheritance, you can do something about it. I know we never want to think of these things. But it's better you know now.

Good luck. And my condolences to your wife.

[parsnips]

Hi,
As the OP stated previously they were married under "separation des biens" , so far from being a "rogue" notaire , he was doing what he saw was best for a couple who were to live in the UK as ""separation des biens" is the french equivalent of the UK marriage regime (which I assume is the same in Scotland) ie what's in my name is mine , in your name is yours, and in joint names 50/50. So I don't think you have anything to worry about. The only thing affected by the father's will could be that your wife's part of the french succession has, on her death , to revert to his estate and pass to his other heirs. This would not be affected by any changes in european inheritance law. It is only common sense for eveyone to make a valid will, and OP's wife (and OP) should do so.

[Bevdeforges]

Parsnips - we were married under separation des biens and it took a trip to the notaire (with a fee of 200€ or so) and a contrat de mariage that is noted in our livret de famille.

For assets acquired during the marriage, ownership depends on the funds contributed by each spouse. If one spouse paid for the house with his or her funds, then the house belongs to he who made the payments.

The default regime (for those married without a contract) is this one: Mariage sans contrat : régime de la communauté réduite aux acquêts - Service-public.fr

For those married under a contract, these are the options: Mariage avec contrat - Service-public.fr
Cheers,
Bev

[parsnips]

Originally Posted by Bevdeforges

Parsnips - we were married under separation des biens and it took a trip to the notaire (with a fee of 200€ or so) and a contrat de mariage that is noted in our livret de famille.

For assets acquired during the marriage, ownership depends on the funds contributed by each spouse. If one spouse paid for the house with his or her funds, then the house belongs to he who made the payments.

The default regime (for those married without a contract) is this one: Mariage sans contrat : régime de la communauté réduite aux acquêts - Service-public.fr

For those married under a contract, these are the options: Mariage avec contrat - Service-public.fr
Cheers,
Bev

Hi,
I read what you say, but in what way do you differ from what I have written. The OP , no doubt has a contract from the notaire confirming his french marriage as "separation des biens"--the equivalent of the UK marriage (unwritten) contract, so there is no conflict with UK law.
He won't have a "Livret de Famille" as he , nor his wife , are french residents. The question of who paid for what only arises in case of marital conflict.
In "separation des biens" in France, one spouse can contribute all the purchase price of a house , but have it registered in the other spouse's name( for successorial reasons usually), and no problem arises unless they split up, when proof of payment will be accepted in a divorce settlement.

[-mia-]

Originally Posted by parsnips

Hi,
I read what you say, but in what way do you differ from what I have written. The OP , no doubt has a contract from the notaire confirming his french marriage as "separation des biens"--the equivalent of the UK marriage (unwritten) contract, so there is no conflict with UK law.
He won't have a "Livret de Famille" as he , nor his wife , are french residents. The question of who paid for what only arises in case of marital conflict.
In "separation des biens" in France, one spouse can contribute all the purchase price of a house , but have it registered in the other spouse's name( for successorial reasons usually), and no problem arises unless they split up, when proof of payment will be accepted in a divorce settlement.

The OP has said he has never made a marriage contract and never went to a notaire to make one. By default they are married under "mariage sans contract" which is detailed above. Unless this has changed and wasn't the default regime when they got married. I wonder if this could be the case?

He was married in France so should have a livret de familie.