Inheritance in France: do stepchildren have rights after divorce? - Partner article

Reader Question: I am Scottish and married to a Scottish man, but a divorce is pending. I live in France. My husband has a daughter from a previous marriage. Would she be entitled to a share of my estate? I have a son in the UK and would prefer him to inherit it. My house is paid for and there was no contribution from my husband. 

It sounds as though the house is in your sole name and paid for by you entirely.

As you live in France, French law dictates that your bloodline children (or formally fully adopted children) have reserved rights of inheritance to their parent’s estate. However, that does not include stepchildren, (unless they are formally fully adopted by you).

You can certainly leave your share of the property to your child or children. If you have more than one child, they each have a right to inherit part of the estate (one child, half; two children, two-thirds; three children or more, three-quarters) if you die as a French resident.

If you only have one child, you can leave the entire estate to them.

If you co-own the property with your husband, then his children have a potential claim to his share of the French house, but they have no rights to your share.

The other factor to consider, even if the property is in your sole name, is what happens to it under the divorce agreement. The order may change ownership, perhaps into your name, perhaps into your husband’s name.

The divorce order must be presented to the notaire with translation, and should refer expressly to the French property, who takes ownership and who pays the notaire fees and duties. The notaire will then register the transfer of ownership. It can take several months or longer, and both parties will need to sign the transfer deed.

You and your husband should also immediately update your wills. Your current wills may leave all to your spouse (eg “to my surviving spouse Bob Jones”). The will remains valid on divorce, but the legacy to a spouse is ignored, as is their role as executor or trustee.

However, there is a risk that if your will names your husband (eg “Bob Jones”), but does not specify that they are your husband, the legacy remains valid even after divorce, unless you change your will. 

John Kitching is a Director of French Law Consultancy Limited