We
moved to France in 2000 and for various reasons we put the house in
my sole name. Does this mean that if I predecease my husband, he will
not be able to inherit the house? We have nothing else, other than
the cars and household possessions. Our English wills state that in
either of us dies, the other inherits, then the property goes to be
divided between our four children.
E.F.
In
responding to your question I am assuming that you were born in
England and that all four children are common to your marriage. I
hope these assumptions are correct…
As
you moved to France permanently in 2000, all of the assets you have
mentioned will be subject to French inheritance law if you remain in
France and are “habitually resident” in France on your death.
Under
French law children are reserved heirs and in the event of your death
your four children will be automatically entitled to inherit ¾ of
the house in equal shares. Your husband would inherit the remaining
¼ or could choose to take what is called a “life interest”.
A
life interest means that in the event of your death your husband
could continue to live at the house for the rest of his life and your
children would not be able to insist on him moving out of the
property so the house could be sold.
However,
if your husband survives you and then wants to sell the house and
return to the UK, he would only be entitled to receive ¼ of the sale
proceeds and your children would be entitled to claim the rest.
If
the above is of concern to you and you would prefer to protect your
husband by ensuring that if you die first, he will inherit the house
entirely, you have two choices:
Provided
you do not die before 17 August 2015 – you can put in place a
French Will now electing for the law of your nationality (i.e.
English law) to apply to your worldwide estate on your death and name
your husband as sole beneficiary of your estate.
Alternatively,
you could adopt the French marriage regime of Universal Community
which will place all assets owned by you and your husband into a
community pot and all such assets would then be inherited by the
surviving spouse on the first death.
I
suggest you arrange an appointment with your local notary to discuss
these options and to get details of the fees payable for each option.
Barbara
Heslop
11
May 2015
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