Family member passed away in France with property

Flogs

Hi all,
My partner has a situation where her father has passed away in France leaving her step mother in the family home and all is ok as in she is staying in France and planning on staying in the property but we are needing to get a UK solicitor that specialises in French law but some of the quotes we have had through are just amazing, has anyone experienced a similar situation and could point us to a company that can assist at a more realistic cost or is this just how it is and this is the sort of amounts we are going to have to pay.

Many thanks in advance for any assistance

DairyQueen

Could you use an English-speaking French lawyer/notaire? Cheaper?

Presumably, under French inheritance law you and sibs have inherited all/part of your dad's estate.

Newly_retired

I would second the suggestion to use a French lawyer, as French law is very different from a English. I guess you would need a French solicitor if the property needs to be re- registered or sold, anyway.

Sea_Shell

DairyQueen wrote: »

Could you use an English-speaking French lawyer/notaire? Cheaper?

Presumably, under French inheritance law you and sibs have inherited all/part of your dad's estate.

Was there a will?

If not, do children trump spouse in French intestacy rules?

How was the house owned? Was it the equivalent of our Joint Tenants, whereby it would automatically pass to the other joint owner?

DairyQueen

I own property in France and had to make a French will. As Napoleonic law applies to inheritance/succession, you can never disinherit your children but you can disinherit your spouse. Spouses are only protected heirs if the deceased is childless. This explains why so many fields in rural France look like allotments. Each has been divided and sub-divided down the generations such that 'strip-farming' appears across the French landscape.

I believe that the current percentage of assets that must pass to children is:

1 child - 50%
2 children - 66%
3+ children - 75%.

I would definitely use a French lawyer in OP's position.