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Change in the law for
the inheritance of a surviving spouse (Part 1)
The
law in relation to the inheritance rights of a surviving spouse in France
has recently changed. The
changes came into force on 1st July 2002 and are contained
within a law of 3rd December 2001.
From the point of view of the prospective purchaser, the new law
has not necessarily provided any greater protection and in some cases has
complicated the inheritance issue even further.
The
changes that have been made:
-
A
husband or wife is entitled to a minimum ¼ of the property of the
deceased spouse, be the property jointly owned or in the deceased
spouse’s sole name;
-
If
the couple have children only from their marriage, the surviving
spouse has a choice between ¼ of the property owned by the deceased
spouse or the ‘usufruit’ (the ‘usufruit’ is a life interest
entitling the survivor to exclusive possession of the property);
-
If
the couple have children from previous marriages or relationships, the
spouse is only entitled to take ¼ of the property and cannot opt for
the ‘usufruit’;
-
If
the couple do not have children (or grandchildren if the children are
no longer alive), the surviving spouse is entitled to ½ of the
property owned by the other if both parents of the deceased are still
alive or 3/4s if there is only one;
-
If
the deceased does not leave children, grandchildren or parents, the
surviving spouse will inherit the property.
Important
points:
-
The
surviving spouse has not become a ‘reservataire’ or ‘forced
heir’ in the same way that children or parents are;
-
As
a result, it is possible to limit the rights of a surviving spouse by
will to the minimum ¼. For
example, if the deceased spouse does not leave any children,
grandchildren or parents then the spouse could have specified in a
will that the survivor is only to receive ¼ of the property and the
rest is to devolve elsewhere;
-
The
new law provides a minimum protection.
Husband and wife remain free to make separate provision by way
of gift, will or marriage contract in order to offer each other
greater protection;
-
Remembering
that what is stated in the final deed signed upon completion of the
purchase is often crucial to the ultimate inheritance outcome, it
remains important to address these issues prior to finalising a
purchase if you wish for greater security than the new legal minimum.
The
second and final part of this article will be published on 5th February
2003.
29/01/2003
- Legal update
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