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PROPERTY

Reader question: What are the rules on inheriting property in France?

French inheritance laws have several restrictions and quirks which can come as a bit of a surprise to foreigners, so if you are intending to make a Will in France, here's what you need to know.

Published: 6 July 2021 10:42 CEST
Reader question: What are the rules on inheriting property in France?
Some of the files from the dispute over musician Johnny Hallyday's estate. Photo: Martin Bureau | AFP

Whether you live in France or own assets such as property here, you need to decide whether to have your Will administered under French law or the law of your home country. To find out how to make sure any previous Wills are still valid in France, click here. 

If you make a Will in France it is always advisable to get legal advice from a notaire or avocat, but here are some of the main points to be aware of.

Children

Much depends on whether you have any children. Under French law, children are guaranteed a share of the estate. They cannot be disinherited (even if you are estranged) and there is a minimum share of your estate that you must leave them.

Children are héritiers réservataires, who cannot be cut out of the Will and this is strict – French rocker Johnny Hallyday’s heirs were involved in a lengthy legal battle when he attempted to bypass his children in favour of his latest wife, and that’s despite the fact he lived in the USA for the last 20 years of his life.

The share they receive depends on the number of children. One child is entitled to half their deceased parent’s estate. Two children share two-thirds, and three or more share three-quarters. The rest of the estate can be passed on as you see fit.

The rules for stepchildren are more complicated. It is advisable, as it is in all situations, to discuss your personal situation with your notaire or legal expert.

As mentioned above, foreign nationals in France have the option of having their estate managed under the laws of their country of birth, so if you really don’t want your kids to inherit, you would need to opt for this.

Spouse or partner

You are not legally obliged to leave anything to your husband, wife or registered partner, but of course many people will want to ensure that their loved one is taken care of financial. 

And if you’re not multi-millionaire rock star, then being obliged to leave up to three quarters of everything to the children can leave the surviving spouse or partner with very little.

Since property represents the bulk of most people’s assets, the family home can also end up divided between several owners.

This does not mean a surviving spouse is left homeless.

As well as being able to inherit at least part of the estate, giving them a say in any property sales, for example, they also have the right to remain in the family home – as long as it is the main residence – for the remainder of their lifetime.

They have to formally declare their intention to do so within a year of their spouse’s death and just in case people fall out in the aftermath of a death, it is wise to make a notaire aware of this declaration.

For more answers to frequently asked questions about Wills and inheritance in France click here

The Notaires de France website also offers useful advice in English, while a list of English-speaking notaires in France is available here.

Member comments

  1. So, if a married couple jointly owns their primary residence and one of the couple dies, the other does not actually automatically inherit the home and possessions, they can only inherit 1/4 and only have lifetime right to reside, but don’t have entitlement to sell (downsize) and use the money to relocate? That money would be split up with the children?

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PROPERTY

How to ensure your French property is insured for storm damage

Storm Ciaran’s property-wrecking passage through France - with another storm forecast for the weekend - may have many people wondering how comprehensive their insurance cover is. 

Published: 3 November 2023 15:45 CET
How to ensure your French property is insured for storm damage

In the wake of Storm Ciaran, thousands of property owners in France are preparing insurance claims – with initial estimates of the bill for damage between €370 million and €480 million.

Home insurance is compulsory in France, whether you own the property you live in or you rent – and it must include some level of storm damage cover. 

Check also to see if your insurance provides cover in case of a declaration of a catastrophe naturelle.

The garantie tempête (storm guarantee) covers damage caused by violent winds. What constitutes a ‘violent wind’ varies from contract to contract, but there appears to be a widespread consensus of agreement on wind speeds over 100km/h.

In most insurance contracts, this covers damage caused by the storm and within the following 48 hours – so you’re covered if, for example, a tree weakened by the storm comes down within that period and damages your property.

Be aware that, while the storm guarantee automatically covers the main property, it generally only covers any secondary buildings and light constructions – such as a veranda, shed, solar panels, swimming pool or fence – if they are specifically mentioned in the contract. 

The same is true of any cars damaged by debris. A basic insurance contract might not include storm damage, so it is always worth checking.

Damage must be reported to your insurer as quickly as possible. The deadline for making declarations is usually five days after any damage is noticed. This is especially important for second home owners, who may not be at the property when the damage occurs. 

In some cases – such as in the aftermath of Storm Ciaran – insurers may extend the reporting period. But under normal circumstances, it’s five days after the damage has been discovered.

What happens next

To make a claim, the first thing to do is contact your insurer by phone or email. Your insurer will take you through the next steps, but usually you have to send in a declaration – which should include an estimate of any losses and for any repairs, with evidence where possible, such as photographs and any receipts for purchases. 

Your insurer may also request proof of wind intensity, which can be provided for example by a nearby weather station.

The insurance company may appoint an expert to come and assess the damage, so make sure to keep damaged property safe until they arrive, as well as all invoices for any urgent repair work. 

What if you’re a tenant?

If you rent your property, you must report any damage inside the accommodation to your insurer and also notify your landlord so that they can file their own claim. 

In the case of a co-propriete, you must declare damage inside the accommodation to your insurer, while the trustee sends his own declaration to the collective insurance (which sometimes covers the private areas) .

How long does it take for claims to be settled?

Payment of the compensation provided for by the “storm guarantee” depends your home insurance contract. After the insurer has estimated the amount of damage, compensation is generally paid between 10 and 30 days following receipt of the insured’s agreement.

What if we got flooded?

In the case of flooding, you may have to wait for a natural disaster order to be issued. 

Catastrophe naturelle

The ‘state of natural disaster’ is a special procedure that was set up in 1982 so victims of exceptional natural events, such as storms, heavy rain, mudslides and flooding, as well as drought, can be adequately compensated for damage to property.

The government evaluates each area and deems whether it qualifies for the status of catastrophe naturelle (natural disaster). 

Essentially once a zone is declared a natural disaster, victims can claim from a pot of funds created by all insurers. If the zone is not declared a disaster, insurance companies are under no obligation to pay out. 

Under a “state of natural disaster” residents are covered for all those goods and property that are directly damaged by the phenomenon, in this case storms.

It applies to residential or commercial buildings, furniture, vehicles and work equipment that are already covered by insurance policies.

Homes must be already covered by a multi-risk insurance policy for the status of natural disaster to count.

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