Guzwunthis Posted January 31, 2020 Share Posted January 31, 2020 Hi there,I was hoping someone may be able to Help guide me on an urgent matter concerning my late mother's property in France?I live in the U.K. and I have a brother and I see that in french law it automatically gets left to siblings if there was no will left.We have a buyer for the house but I'm at a loss at what to do regarding signing the compromis as my brother has mental health issues and lives as a recluse. He does not have a phone and will only communicate by letter. It seems after initially having communication with him and him stating he doesn't want anything to do with it in any way shape or form or want any proceeds from the sale his communication as now stopped. I advised him he will need to sign something that will be drawn up by the notaire but he's obviously overwhelmed by it and won't reply.We have a person over in France who is acting as a translator and guiding us although he is not a legal person but he said it would be easier if I sign it without my brother's signature but I'm concerned that this might be a false declaration and cause problems further down the line which of course I don't want.If anyone can offer any advice I'd be very grateful Many thanks Link to comment Share on other sites More sharing options...
Loiseau Posted January 31, 2020 Share Posted January 31, 2020 Hello, Guzwunthis, and welcome to the forum.I think your brother may be able to sign something to renounce his inheritance. I know that, if the deceased's estate was more debts than assets, for example, you can do that in France. But whether it would be appropriate in your case, the notaire could tell you.Has the inheritance issue been legally sorted out already, so you and your brother are officially the owners? If not, this has to be done via the notaire, before the sale can go through. Link to comment Share on other sites More sharing options...
Guzwunthis Posted January 31, 2020 Author Share Posted January 31, 2020 Thanks for your reply Loiseau, I don't believe we are officially the owners as yet, it has been suggested by the person liasing with us over in France that I could just put the house in my name due to my brothers mental health issues but this worries me as I have no clue if this would be considered a bad thing in french law?My brother will not open the door to anyone so it's been all but impossible to get him to cooperate - it's extremely frustrating! Link to comment Share on other sites More sharing options...
Loiseau Posted January 31, 2020 Share Posted January 31, 2020 Only a notaire can give you an answer on all this, I fear.Some U.K. legal practices have a French-qualified notaire on their staff. Maybe you could get answers that way, if you are not currently in France. Link to comment Share on other sites More sharing options...
NormanH Posted February 1, 2020 Share Posted February 1, 2020 Don't forget that Notaires in France MUST offer advice free, and there are many who speak English. Be careful of advice from well-meaning but unqualified people.There are very specific laws regarding inheritance and if it "has been suggested by the person liasing with us over in France that I could just put the house in my name due to my brothers mental health issues" I would politely ask that person to show you the 'texte' in French law that says that. https://www.legifrance.gouv.fr/affichCode.do?idSectionTA=LEGISCTA000006150544&cidTexte=LEGITEXT000006070721For information about renouncing one's share:https://www.service-public.fr/particuliers/vosdroits/F16251I am NOT a lawyer so take vice. Those links are to show you how complicated it can all get Link to comment Share on other sites More sharing options...
Lehaut Posted February 1, 2020 Share Posted February 1, 2020 NormanH's advice is very sound. We went through this with the step sons of an English lady who died in our commune. The only direct inheritor was a woman who lives in the forests in Canada! It took months via the French Notaire and certified English translations to Canada. Eventually the two steps sons bought out her share of the estate (on top of their 60% tax bill). It helped that she was very interested in the money to fund her "lifestyle". It was all done through our Notaire, though she needed constant pressure to get it done Link to comment Share on other sites More sharing options...
Guzwunthis Posted February 2, 2020 Author Share Posted February 2, 2020 Thanks so much for your replies!I agree and l feel that the notaire will be the only person who can help us.we have found the details of an English law firm who are experts in french law as well so I think I'll give them a call for some advice as well. Link to comment Share on other sites More sharing options...
NormanH Posted February 2, 2020 Share Posted February 2, 2020 I expect that English lawyers will charge... Link to comment Share on other sites More sharing options...
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