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Discussion Starter · #1 ·
Hi Everybody

what does one do when your partner dies in France she was French and i am English
in 8 months no body does nothing even notary is this usual any help would be great
 

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The key thing is that you need to report her death to the local mairie - turn in his/her carte d'identité and passport. Her heirs are responsible for opening a "succession" with a notaire, which should set things in motion. If you were married or PACSd, you can handle that. Otherwise you need to contact a family member - parents, children or brothers/sisters to set things in motion.

Your best bet might be to talk to the local mairie. They should be able to point you in the right direction.
Cheers,
Bev
 

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what does one do when your partner dies in France she was French and i am English
in 8 months no body does nothing even notary is this usual any help would be great
Hi donsimon, administration of successions are notoriously long, you can count at least a year if it's very simple and unfortunately longer if not.
Was there a wil designating an administrator? Is it already in the hands of a notary?
Were you married, pacsed or just living together?
What is blocking things exactly?
 

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Hi Everybody

what does one do when your partner dies in France she was French and i am English
in 8 months no body does nothing even notary is this usual any help would be great

The notary has checks and searches to do (searching for and verifying last will, searching for family members including previous spouse/s and children, searching for assets your partner had in France and overseas, etc). If the notary considers you are not the right person to be dealing with the succession, then he/she will almost certainly cease corresponding with you - especially if 'the right person(s)' has engaged a different notary. If you are living in Thailand, then it will be doubly difficult, more so if your partner had assets overseas and the notary is not familiar with the overseas processes.

Edit:

Apologies, I see your location is UK and France, not Thailand - but otherwise the above still applies.
 

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Discussion Starter · #5 ·
The key thing is that you need to report her death to the local mairie - turn in his/her carte d'identité and passport. Her heirs are responsible for opening a "succession" with a notaire, which should set things in motion. If you were married or PACSd, you can handle that. Otherwise you need to contact a family member - parents, children or brothers/sisters to set things in motion.

Your best bet might be to talk to the local mairie. They should be able to point you in the right direction.
Cheers,
Bev
we have done all that 6 months ago still notary does nothing
 

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Discussion Starter · #6 ·
well we were married in Spain that has been void as not legal in France or the UK she had no assests in the uk and her family said they do not want anything from the succession and she had no children
 

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well we were married in Spain that has been void as not legal in France or the UK she had no assests in the uk and her family said they do not want anything from the succession and she had no children
I have no idea why the marriage in Spain would not be considered legal in France (or the UK), if that's what you are saying. If that is the case, then I believe you are not an heir (unless designated as such in her will) and if the family have formally confirmed with the notaire that they do not want to accept their share, then I believe the estate will revert to the state.
 

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Discussion Starter · #8 ·
yes you are correct , would they sell and pay me off or because it is a small amount or let me pay them off the next step i do not no
 

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we have done all that 6 months ago still notary does nothing
If there are reasons to believe that your notary's inertia has caused you prejudice, you can assign him in justice for "professional fault" and/or "failing in his professional duty" and seek an indemnisation.

Phone the Greffe of your local Tribunal de Grande Instance and ask for advice.
You will need to be familiar with the whole process of administrating a succession in France (certain aspects have been mentioned in above posts)
and have proof that the notary has been negligent and not done his job within a reasonable/the legal span of time.

I assume you are in regular contact with the notary, asking for progress reports etc.
Try to work out a timeline of what has been done and when while it's still fresh in your mind. It might help you later.

In my case, under Australian law, an administrator must seek "right of probate" from the Supreme Court to be able to dispose of the estate. Even then only after a period of 6 months from the decease date within which eventual creditors can make themselves known to the administrator. I've phoned them every 2 weeks for the last 6 months.

I know little about the French procedure of administrating successions but there are legal time limits that the notary must respect;
- his first act is to establish the "acte de notoriété" which outlines the "dévolution successorale" - transferring the deceased person's assets to those legally qualified to receive them.
- he must do the "déclaration de succession" within 6 months of the date of decease. If this has not been done then he is at fault.

Knowledge in this domain is power, inform yourself and confront your notary with his legal obligations.

Cheers

PS I found this useful: Délais de règlement d'une succession trop longs : comment réagir ?
 

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well we were married in Spain that has been void as not legal in France or the UK she had no assests in the uk and her family said they do not want anything from the succession and she had no children
Who told you that? Do you have that in writing?
 

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yes you are correct , would they sell and pay me off or because it is a small amount or let me pay them off the next step i do not no
I don't understand your question. Who are 'they'? Why would anyone pay you off if you do not have a legal claim to part of the estate?
 

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Was there a wil designating an administrator?
AFAIK there is no role for an "administrator" or"executor" in France. The notaire does everything strictly in accordance with succession law.
If for instance in your will you name one main beneficiary who basically gets everything, with a few minor bequests to be taken out of the estate and given to other beneficiaries, you can make the main beneficiary responsible for administering the minor bequests at his own expense. But until it gets to that stage, no-one but the notaire has the authority to deal with the deceased's estate, up to the point where everything is accounted for, the paperwork is complete and the beneficiaries can be notified and can inherit their share.

Like the other posters I don't understand why your marriage in Spain isn't recognised. That needs clarifying because it makes all the difference in the world to whether or not you can inherit anything. Also I'm not sure what you mean by are her family going to "pay me off". Did your wife or partner make a will, and did she specifically leave you something? If the marriage truly isn't recognised, and if there was no will, then sadly you would not be in line to get anything. You will only get something either if the law says you should because you are a relative, or if the will specifies exactly what you should get. Otherwise I fear you won't hear anything from the notaire because he has nothing to offer you. It's not up to the family to take their inheritance and give some of it to you, unless that is what it says in the will, and if that is the case you can only inherit a couple of thousand euros before you become liable to inheritance tax.

But, I don't see how your marriage can be void.
 
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