Death of French property owner but was UK resident

[evelyna]

My mother-in-law passed away in December 2013 in UK where she had lived for most of her life although she was French. She owned a property in France which was her parents' home. She leaves behind her husband, a daughter and a son (my husband). She had no French will,only a UK one.

Can anyone tell me who I need to inform about her death as all I can find on the web is to do with a person dying in France. I think I know the Notaire that was involved with the family so will go and see him first but what paperwork do I need for instance? Death certificate? Copy of the English will? Is the Mairie involved?

[YCCMB]

This (although not terribly informative) may be what you were searching for:

[url]http://vosdroits.service-public.fr/particuliers/F911.xhtml[/url]

[evelyna]

Thanks but from what I read this is for a French person reporting a death of another French person abroad. In a way that is what has happened except she was a British citizen at her time of death, died in UK but still had a property in France.

[Loiseau]

Hello Evelyna and welcome to the forum.

Having had to cope with a couple of instances of deaths of British people owning holiday homes in France, I would say you need to start with a notaire. Either get in touch with the one local to where the house is, whom you seem to know, or contact a UK firm that has a French-specialist lawyer/notaire on the staff. They will get the wheels turning and tell you what you need to supply.

I doubt that a UK Will will have much bearing on things. In the cases I was involved with, the "succession" was governed by French inheritance rules.

Angela

[YCCMB]

Sorry, Evelyna. I am a little confused and it was probably that which made me believe the link I posted might be useful. You see, in your original post, you do say that your mother in law was a French citizen. After my post you say she was a British citizen. I think the fact is that probably both are true. I don't think the nationality of the person reporting the death actually matters. The link I sent simply explains that you will get a death cert from wherever your MIL passed away in the UK, and explains where and how you can get a translation which, as the link mentions, can be helpful when it comes to sorting things like succession and inheritance.

As Loiseau has then explained from first-hand experience, it's pretty much immaterial to the French authorities whether your MIL was French or English or any other nationality, but as far as her property in France will be concerned, everything to do with its ownership and disposal will be governed by French inheritance law, irrespective of her UK will.

Anyway, I'm sure this must be a difficult time for your family, and my sympathies and good wishes in your forthcoming dealings with French bureaucracy. I do hope you have an easy ride.

[parsnips]

[quote user="evelyna"]My mother-in-law passed away in December 2013 in UK where she had lived for most of her life although she was French. She owned a property in France which was her parents' home. She leaves behind her husband, a daughter and a son (my husband). She had no French will,only a UK one.

Can anyone tell me who I need to inform about her death as all I can find on the web is to do with a person dying in France. I think I know the Notaire that was involved with the family so will go and see him first but what paperwork do I need for instance? Death certificate? Copy of the English will? Is the Mairie involved?[/quote]

Hi,

     French law applies to french sited real estate.   Generally, without a french will, the parts of the heirs, husband 1/3, and two children 1/3 each ,all in full title, are fixed.

 However , if she leaves a properly drawn up and witnessed UK will( which is recognised as a legal instrument in France), which expresses different wishes more favourable to her husband, say, then the french notaire should follow her wishes inasmuch as they do not conflict with french law.   In a case where the english will left everything to the husband , the notaire would probably apply the rules of a "donation entre époux" which would allow the husband to take a life interest  in the whole property, or part in full title and the rest in life interest.   He could also decline to take these advantages and let it pass as under intestacy,( as above).

  

[evelyna]

Thanks to you all for your info. Sorry about the confusion on the nationality. She liked to think of herself as French obviously as she was born and brought up there but lived in England after getting married and took British citizenship.

My husband speaks pretty good French and we are going to the house for 3 weeks shortly so we will visit the notaire that we think has papers to do with the house. I know she had no French will and I can take a copy of the British will which has no reference to the house in France. My FIL says that there is nothing contrary to French Succession Law in the will so I am hoping it will be straightforward. He has even said he would relinquish his 'share' to make it easier for when he dies. Can he do that? I think maybe that is what you are suggesting 'Parsnips'.