Jump to content
Complete France Forum

Advice needed on selling late mothers french property


Recommended Posts

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

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

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

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

I would politely ask that person to show you the 'texte' in French law that says that.

For information about renouncing one's share:

I 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

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Create New...