Inheritance and step-children

[WendyG]

I am non resident in France but own a property.

My late husband died some 16 years ago - he had two children from a previous marriage now in their late 50s.  We had one child now in 30s.

When we married the "children" were well into their 20s and living abroad so contact has been very limited.

Does anyone know what the position would be if I died (as a resident of the UK but owning a property in France) as regards the inheriting of the property?  Naturally as I  bought the property many years after the death of my husband I wish my daughter to inherit together with her offspring.

It would seem bizarre to say the least if two adults who are virtual strangers were to be able to take from my daughter something which I have paid for!

Any comments would be gratefully received.

[Will]

As things stand at present, if I understand your situation correctly, as you bought the house long after your husband died, his heirs would have no interest in the property - it would pass to your own child(ren).

Things are changing next year. Not by a great deal, as to change the fundamental principles behind French succession law would be revolutionary. But what is happening is significant for many. Stepchildren are gaining some recognition, though this is unlikely to have a bearing on your situation, and it will also be possible for grandchildren to inherit direct from grandparents - something you may wish to explore further.

You should take professional advice, particularly with regard to how the new law might affect you. Its provisions are not automatic, you have to arrange things to suit, so this means you should be able to ensure your daughter gets her share rather than your late husband's previous family.

[WendyG]

Thank you so much Will for your prompt, informative and reassuring answer.

The bit about grandchildren is most interesting.

I will certainly take legal advice as appropriate but at least I can sleep easy at night knowing that my property will not pass to what are two almost strangers.

[Monika]

Headdon consulting run a really good website and forum regards questions of French inheritance law. The website is: headdonconsulting.com. They gave me very good advice.

[WendyG]

Thanks I will certainly contact them.

[Loiseau]

[quote user="WendyG"]

My late husband died some 16 years ago - he had two children from a previous marriage now in their late 50s.  We had one child now in 30s.
When we married the "children" were well into their 20s and living abroad so contact has been very limited.
Does anyone know what the position would be if I died (as a resident of the UK but owning a property in France) as regards the inheriting of the property?  Naturally as I  bought the property many years after the death of my husband I wish my daughter to inherit together with her offspring.

[/quote]

As stated by Will, if you bought the house in France *after* the death of your husband, then his children have no inheritance rights at all.  The property was never his.
On the death of my husband, his three children from his first marriage, plus our own child, all had to have their share of our jointly-owned property.  In fact, at the time we owned two adjacent cottages, and were in the process of selling one, so the children were able to be paid their shares of both houses from the sale proceeds. 
I have kept the second house, which is in my name only as I have effectively paid off all four children/stepchildren.  But the notaire tells me that on *my* death, this remaining house will go *only* to our daughter - although in my case I would have liked it to be split between them all.  Leaving it to all of them would be an absolute No-No (or should that be Non-Non?) he said, as my stepsons are *no relation* to me, and thus would have to pay the 60 per cent (I think) tax on anything I left them. 

Of course, double-check this with a notaire, but I am sure you will find that your stepchildren have absolutely no expectations in connection with your own property if their father was never involved in owning it.

Angela