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France 2021 inheritance law: Why wills choosing Scots law may be exempt from forced heirship
The same may also apply to wills electing law from one US state
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Should we use UK law for our inheritance in France?
French legislation requires a portion of your estate to be left to your children
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Who will inherit the French holiday home after father’s death?
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Not married - who would inherit our french property?
Both my partner and I have children from previous relationships. We are not married and plan to buy a house in France where we will live full-time. What would happen to the property if one of us was to die?
If one or the other of you was to die then that person’s children would, under French inheritance law, inherit part of that person’s share in the house, according to the French inheritance rules (eg. half if a single child, two-thirds for two children etc).
A will would be needed to make sure the remaining part went to the surviving partner.
Buying with a tontine clause is one option if you both want the other partner to inherit the house.
You could also make use of the new EU inheritance regulation to opt for UK inheritance rules, so as to leave everything to the other person in a will.
Note though that, in relation to inheritance tax, it would be considerably better to marry or take a French civil partnership (pacs) to avoid heavy levies (60%) for the survivor.
