Why you need to make a Will

Last Will & Testament

If your main residence is in France on the day of your death, you are subject to French inheritance laws.

What is the French law if you have not made a Will?

You are married and have children:

  • Your spouse will inherit either a life interest of all your assets or a quarter of your assets and…
  • Your children (or their descendants) will inherit the remainder as equal shares.
 

You are married and have no children:

  • Your spouse will inherit all your assets. However, if your father or mother survives you, they receive a ¼ of your assets each, and your spouse inherits the remainder.
 

You are not married and have no children:

  • Your father and mother inherit a quarter of your assets each.
  • Your brothers and sisters (or their descendants) inherit the remainder equally.
 

If you make a Will, how can it change the situation?

  • Increase, with some limits, the share of your spouse.
  • Increase, with some limits, the share of one child.
  • Choose your national law for the settlement of your inheritance (even if, since the law of the 24th of August 2021, it is much less favourable – read our post on The Reform of the French Hereditary Laws)
  • Leave your assets to who you want (with some limits if you have children or a spouse), or with no limit if you have neither children nor a spouse.
 

To grant better protection to a surviving spouse, you can also make a matrimonial contract; for more information, please read the post: Matrimonial regimes and inheritance.

   

If you would like more information, have a question or you would like one of our experienced Service Providers to provide personalised assistance on this subject, please follow FBN and enquire via the free AskFBN Helpline

Information provided by The Franco British Network is for guidance and does not constitute legal, professional or commercial advice. While every care has been taken to ensure that the information is useful and accurate, The Franco British Network gives no guarantees, undertakings or warranties in this regard, and does not accept any legal liability or responsibility for the content or accuracy of the information so provided, or, for any loss or damage caused arising directly or indirectly in connection with reliance on the use of such information.

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