Rule change

[Mandrau]

As far as I am aware all the rules of inheritance are about to change, does anyone know just what is proposed or should we wait for further procrastination by Paris.

[Sunday Driver]

France's inheritance law dating back to 1804 is being reviewed in a bid to bring it more into line with modern family requirements.

Justice Minister Dominique Perben announced a reform of French inheritance law at the 101st Congress of Notaries in Nantes, in May 2005. The new law aims to relax the current rules which require the unanimous agreement of heirs to split any inheritance.

Due to apathy or disagreement, dividing the proceeds between heirs can often take an extremely long time, sometimes years. The reform hopes to speed up the process by allowing the inheritance to be settled by a two-thirds majority rather than the current requirement of a unanimous decision.

The reform also proposes to protect inheritors from debts incurred by the dead person. Under the reform, an heir will be allowed to be wholly or partly excluded from any debts when accepting the inheritance. The proposal would create a new law whereby an heir can accept an inheritance after having reviewed a 'balance sheet' to make sure that the debts of inheritance do not outweigh the benefits.

Among other important changes, the reform proposes a 'pact of succession' under which, and with a notaire's approval, the person leaving the legacy and the heirs can enter into an agreement whereby the heirs can renounce their inheritance in favour of a third party. For example, two brothers may renounce their parents’ inheritance in favour of a third brother who is handicapped or in financial difficulty, which is not possible under the current legislation.

Additionally the proposed reforms would allow a parent to forfeit their share of an inheritance in favour of their children.

The government's objective is to make sure that the new realities of modern-day families are reflected in these reforms.

Your comment about "further procrastination by Paris" is a little unfair.  The reforms are currently being reviewed by both the State Council and the Council of Ministers and as with any major legislative changes, the due diligence involved rightly does take time.