Inheritance Laws concerning Stepchildren

[Dizzy]

I am thinking of moving my 91 year old father over to me in France, as after much discussion he has finally agrred that he is getting to old to live by himself. In his late seventies he remarried his childhood sweetheart after my mother died and she had three children in their 40s from her first marrage. Unfortunately his second wife died 15 years ago after they were married for two years and as agreed all the assests she had prior to marrying my father were left to her children. My father has a bungalow in England which is willed soley to myself. The question I have is

If my father moves to France gets his form E121 so he gets his green health card does it means that when he dies he will come under French Law and if so will these stepchildren of his be entitled to part of his bungalow?

[cooperlola]

Post deleted

[Nick Trollope]

No, the bungalow is in England, so it will be subject to UK law (ie, he can will it to whoever he wishes).

Only "immeubles" in France are subject to French inheritance law.

BTW, under no circumstances should he sell the UK property to move to France (and buy something here or give the money to you). Bad tax implications!

[cooperlola]

Appologies o/p - must remind myself (once again!) to read posts before replying!  I will delete the above, in order not to mislead future posters.  Thanks, Nick - I'm glad that somebody is awake around here.[blink]

[WendyG]

Hi

I am interested in this subject because I have 2 stepchildren in their 60s who are very comfortably off.  Their father died some 18 years ago and they benefitted from his estate.

I have a daughter from my marriage and she has a son (my grandson).  I live and am resident in the UK but own a residence secondaire in France.

Can my stepchildren with whom I have not had any contact since their father died, make any claim on my property in France at my death?   As this was purchased with my own funds it would seem iniquitous that they could benefit.   If it turns out to be the case that they could benefit then I would either have to sell up or transfer property into my daughter/grandson's names.

Any information would be gratefully received.

Jekyll

[Will]

It's a complicated matter, to say the least.

The original poster's father's worldwide property could be regarded by the French authorities to come under French law if he is a French tax resident. So reserved heirs might have a claim on the bungalow in Britain. However, international law follows domicile rather than residence. France regards the two concepts as being pretty much one and the same, whereas in Britain they are completely different. Although you may meet residence qualifications for more than one place, you can only be domiciled in one country. Domicile depends on your country of birth, or your father's nationality, and unless you comprehensively cut all ties with your native country it is hard to change domicile. If you retain property in Britain then you are virtually assured of retaining your British domicile. And if you are British domiciled your British property will come under British succession law. HMRC leaflet IR20 explains it from the British angle. So what Nick says is likely to be how it is in real terms, though you would need to take qualified advice to be 100% certain.

Under French law it is only blood relatives (the reserved heirs) who have any legal claim, unless express arrangements, involving the consent of all reserved heirs, are in place, so stepchildren normally count for nothing. In some cases - like Jekyll - this can work to your advantage, but in many other cases it can be a problem.