Letters: Readers propose workarounds for 2021 French inheritance law

Editor's note: The following readers' suggestions do not consitute legal advice on this complex topic and we would suggest speaking to a qualified lawyer, such as a French notaire, about any relevant options for your situation

To the Editor,

My wife and I are American immigrants. We have lived in France for nine years.

We bought our current residence five years ago. This is our second marriage; we do not have any children together. I have two from my first marriage, and my wife has four.

To get around the lack of freedom in selecting who inherits how much under French inheritance laws, my wife and I completed acts of donation two years ago.

She designated that just one of her four received her half of the property we owned, and I named one of my two for mine. (Under French law, residential property is not owned jointly; each partner owns half.)

My choice and my wife’s took ownership immediately two years ago. Just these two out of our six children got it all. 

My wife and I now live here without any ownership under usufruit. 

This may be an alternative for those who feel they must sell their French homes to retain control over the inheritance of their assets.

Jim Lord, by email

Read more: Couples anxiously await EU decision as discussions continue

To the Editor,

I am not sure why couples are thinking of returning to the UK because a survivor would have to share all with children.

On the advice of lawyers, we (born in the UK) changed the state of our (UK) marriage to one (available to UK nationals in France) which allows the survivor to take all. 

It cost around €500 and was easily done. The children get nothing when the first spouse dies and full control remains in the hands of the survivor. 

It is a different question when looking at children’s inheritance, but that was not the problem among some of contributors you have quoted.

I strongly suggest consulting a lawyer. A few hundred euros sounds a lot cheaper than selling up, especially if you want to stay. A French lawyer organised everything for us and a UK lawyer confirmed.

Celia Trinder, by email

Read more: French forced heirship law - is 'community' marriage regime the solution?

To the Editor,

I read about so many couples in distress about this French inheritance law. Years ago, when my husband was still alive, we decided to avoid any problems by me buying my husband’s share of the house. 

We gathered all the money we had, took out a loan for two months to complete the sum needed and I bought my husband’s share. 

Since the loan was for such a short time, it cost very little and a few weeks after the sale all the money was back in ‘our’ account and the loan repaid.

When my husband passed away, two years ago, I had no problem whatsoever and I shall decide who inherits what.

Marlis Ayling, by email

Read more: French inheritance tax: current rules and what reforms are proposed

To the Editor,

Sell the French property, buy a house in the UK, leaving it and the contents as you wish through a UK lawyer.

Then rent in France. Tenants have far better rights and rents are more affordable. Renting out the UK property will help cover costs. It is a bit more bother, but could be an answer.

J Castelino, Hautes-Alpes

Selling up and buying a property in the UK is one solution to remove your estate from this ridiculous conundrum. However, if you are going to do that you might just as well purchase a new property in France with a tontine clause in the contract which, in the event of the death of one partner, passes the entire estate to the other as if the former had never existed. 

The surviving partner can sell up and relocate without interference. However, in order to incorporate a tontine clause in a purchase contract, your marriage regime needs to be séparation de biens. 

Paul Turner, Hautes-Pyrénées

What is your experience of French inheritance law? How do you plan to face the issue? Let us know at letters@connexionfrance.com