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French Inheritance Law Explained

When buying a home in France, it is important to make yourself familiar with the French inheritance laws. Even if the owner is not resident in France, their property is governed by French law. This law affects how your property is passed on.

Key Points:

• French law does not allow you to choose the beneficiaries of your will.
• The Napoleonic Code gives priority to the children of the deceased. This includes the children of former marriages and those who have been estranged.
• Children have an automatic right to a fixed interest in the property and the remaining part is allocated at will.
• One child will automatically inherit half of the total estate; two children inherit two thirds and three or more can claim three-quarters.
• In cases where there are no children, then a living parent or grandparent on the mother’s or father’s side has a right to a quarter. However, this does not apply if there is a surviving spouse and that quarter has been made a life interest and specified in the will.

However, there are ways around the laws.

• Clause Tontine (clause d’accroissement) postpones the legal reserve rules so that when the first spouse dies, the other becomes the absolute owner of the property until their death. However, this must be included in the contract when purchasing the property.
• This does pose problems too as neither spouse can sell the property without the agreement of the other. Also, if the couple have children with previous spouses, ultimately the children of one of them will be disinherited.

Written by

Susan Pedalino

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