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‘Sanctuary forests’ spreading in eastern France as alternative cemeteries

No grave, nor a wreath. Instead, eternal rest in an urn buried at the foot of a tree -- this alternative to cemeteries, known as sanctuary forests, are spreading in eastern France.

'Sanctuary forests' spreading  in eastern France as alternative cemeteries
A picture taken in 2015 shows people walking in the 'natural cemetery' of Souche in Niort, conceived by the city for an ecological and affordable eternal rest. Photo: AFP/ NICOLAS TUCAT.

Known as “sanctuary forests” and inspired by an ecological project in neighbouring Germany, this alternative to cemeteries are spreading in eastern France.

Gabrielle and Jean-Pierre Grasser, 81 and 85, take a walk in the woods at Muttersholtz, some 40 kilometres (25 miles) south of Strasbourg, not far from the border with Germany.

Near an oak tree, a commemorative slab emerges from underneath fallen leaves. It bears a name, a surname and dates of birth and death, marking the spot where an urn has been buried. Three small, inconspicuous plaques indicate the presence of other urns.

The couple from Barr, some 20 kilometres away, have come to discover the forest cemetery which opened in March. As they favour being cremated when the time comes they are mulling what will happen to their ashes.

“The idea of eternal rest in a setting such as this appeals to me more than a niche in cemetery funeral urn,” said Gabrielle. “I find it very relaxing and it’s also in tune with the times in terms of ecology.”

“It brings us a little closer to nature, which we love,” added her husband.

“Several people have come to have a look and have reserved a space,” said Muttersholtz deputy mayor Luc Dettwyler. The spaces allocated around a majestic oak tree were “almost all taken”.

The commune, home to 2,200 people, launched its project in 2017 after a visit to a similar initiative some 30 kilometres away on the German side of the border.

An area has been turned into a communal forest sanctuary. Some oak, hazelnut and acacia trees have been selected and almost 500 urns will be able to be buried there.

The 30-year leases cost between 600 and 1,000 euros ($633 to $1,060) depending on the size of the tree and are available to people who live outside Muttersholtz for an additional 200 euros.

A meditation area has also been created with carved stones to allow young and old to sit.

“It’s a place which we try to leave as close as possible to nature,” said Dettwyler.

Return to nature

Well established in Germany, the concept of a forest sanctuary or cinerary for urns is only a recent development in France. Arbas, a village in the southwestern Haute-Garonne region, was the first to try out the idea in France in 2019, but the prefecture suspended its project.

But other more urban communes picked up on the idea, including Strasbourg suburb Schiltigheim, population 32,000.

Unlike Muttersholz, whose project developed within an existing forest, Schiltigheim’s trees were planted in a part of the town cemetery specifically earmarked for a forest sanctuary, with a capacity for 1,760 urns.

For civil registry assistant Bernard Jenaste, the space bears a “very strong symbolism” and “there is a link between the living tree and the deceased person”.

Schiltigheim received backing from the association Au dela des racines (beyond the roots), co-founded in 2017 by Denise Heilbronn, a nature enthusiast who wanted to see this option flourish.

“Ageing myself, I don’t want to end up in a marble compound with plastic flowers,” she explained. “It doesn’t suit me, and I don’t want to force my daughters to care for a grave every six months.”

She has received interest “from communes right across France,” she said.

“There’s a huge lack of cemetery space,” she said, referring to the ageing of the baby-boom generation and the ravages of Covid. The French are also increasingly likely to prefer cremation to burial.

Today, major cities such as Nancy are also taking an interest, which plans to open a forest space in December planted on a 6,000-square-metre (65,000-square-foot) area of one of its cemeteries.

The ashes of the city’s inhabitants will be buried there free of charge, without flowers, wreaths or distinguishing marks.

“We are the first major city to offer this service,” said deputy mayor Chantal Finck. “This responds to society’s expectation and it is also an environmental approach, within the dynamic of a return to nature,” she added.

For her, the future forest was a “place to meditate but also for walking”.

In Muttersholtz, the Grassers made their choice, opting to book a space at  the foot of a hazel tree. But so far as when they might need it? “Hopefully as late as possible.”

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PROPERTY

French property: What is buying ‘en tontine’?

If you're buying property in France, you might be thinking about buying 'en tontine' - this has advantages especially when it comes to France's strict inheritance laws, but can also have tax implications.

French property: What is buying 'en tontine'?

What is it?

The ‘clause de tontine’ sometimes also known as a ‘clause d’accroissement’ is a clause that is inserted into the property deeds when you are buying a house or apartment.

It can only be inserted during the purchase, and cannot be added later.

It’s basically a ‘group purchase’. It’s most commonly used by unmarried couples who are buying together but it can be used by larger groups too – for example a group of friends buying a holiday home together.

You will have to ask a notaire to draw up the tontine clause during the property purchase and it can only be used if 

  • the parties are equally involved in the financing of the purchase
  • the parties involved have a roughly equal life expectancy (for this reason tontine clauses may be rejected if there is a significant difference in age between the purchasers)

What’s the point of it?

The main reason that people use it is to sidestep France’s strict inheritance laws, which assign that a certain portion of every estate must go to children, at the expense of a partner. 

READ ALSO How France’s strict inheritance laws work

For this reason it is particularly used by couples who have children from previous relationships.

On a property with a tontine clause in effect, when one owner dies their share of the property passes in its entirely to the other member/members of the tontine.

This cuts out children from inheritance, but means that a surviving partner is not evicted from their home in favour of the children of the deceased. 

It also has the advantage of making the intentions of the deceased clear, to avoid arguments among heirs after their death.

It should be noted, however, that the tontine clause only takes in the property that it covers – other assets may be subject to French inheritance law so it’s therefore probably wise to arrange a will, to ensure your wishes for your estate are met.

The surviving party can ask a notaire to update the property deeds to show that they are the sole owner, if they want. Be aware there will be a fee, which could reach four figures for the privilege – and it doesn’t actually involve any change to the property title.

Drawbacks

The advantages of the system are clear, especially for blended families, but there are some potential drawbacks too, which mean that anyone considering buying in this way would be well advised to take proper legal advice before they start.

Inheritance tax – while a tontine will help you to avoid restrictions on inheritance, it does not exempt you from inheritance tax. French inheritance tax is structured according to your relationship to the deceased, and people who are neither married nor related to the deceased pay an eye-watering inheritance tax rate of 60 percent.

The only exception to this top rate of inheritance tax is if the property is your main residence and it is valued at under €76,000 – in that case, tax is paid at a rate of 5.8 percent.

Married couples and family members pay a much lower rate or not tax, but if you’re not married to your tontine co-purchaser, be careful that you’re not lining yourself up for a massive tax bill in future years.

Wealth tax – depending on the value of the property, it could tip you over into the ‘wealth tax’ category when you inherit. France’s wealth tax is a real estate based tax and is levied on anyone who has real estate assets (property and land) worth €1.3 million or more.

The calculation includes property held en tontine.

Tax savings – you might hear tontines being advised as a way to limit your French tax liability.

While this used to be true, changes to tax laws means there are no no significant tax advantages to buying this way – the same is true for buying a property via an SCI, which used to represent a tax saving until the law was tightened up.

Disinheriting family membersOne side effect of the tontine clause on mixed families is to effectively disinherit any children of the first person to die.

Because the property passed to the survivor, under French law, only their direct descendants – rather than any family by marriage – are entitled to automatic inheritance.

That means that the children of the surviving partner will be entitled to the statutory share of the entire asset (between 25 and 30 percent depending on the number of children), but the children of the first person to die will be entitled to nothing. Obviously you can choose to leave them something in your will, but you can only leave them some or all of the estate which is not automatically given to the children on the survivor.

Divorce/dispute – if the members of the tontine split up or (in the case of friends) fall out, then they can either sell the whole property or agree to buy each other out.

However, if one party refuses to sell, then you have very limited legal options – unlike a standard property purchase a tontine is not regarded as joint ownership, so one partner cannot be forced to sell as part of a divorce procedings, for example.

Basically the tontine can only be ended or changed with the agreement of all parties – so if you can’t agree between yourselves then you may be stuck with it.

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