What happens if a British person dies alone in France with no heirs or will? - Partner article

Reader question: What happens if a British person dies alone in France with no direct heirs and no will? I have some more distant UK relatives but do not want my estate to go to them.

Between the UK and France, at least, a person’s nationality has no direct bearing on how their estate is administered if they die ‘intestate’ (without a will). 

There are rules in both jurisdictions as to how a person’s estate will devolve. 

These can be complicated when someone owns assets in both jurisdictions, but for the purposes of this question let us presume everything you own is in France.

One major difference between UK and French inheritance rules is the existence of reserved heirship rights in France. 

The aim is to offer a minimum portion of a deceased person’s estate to certain relatives. 

Those relatives include direct descendants (children and grandchildren), surviving parents, or a spouse. 

Where there are such relatives, a will purporting to leave the deceased’s estate entirely to a different person (eg. an unmarried partner, or a charity) can only take effect after reserved heirs receive their due minimum.

In the absence of such relatives, as appears to be the case here, there are no reserves. 

This means that by writing a will you could leave your estate to anyone. 

You would not be obliged to leave anything to any siblings, cousins, nieces, nephews, or other relatives if you did not wish to.

You must, however, prepare a will for this to happen. 

Without one, the notaire dealing with your estate would be obliged to identify your nearest relatives. 

Beyond children, parents and spouse, the next class would be siblings, absent which the notaire would look for any uncles and aunts, nieces and nephews, and so on.

As soon as one ‘class’ of relative is identified, the estate is divided between them.

Research would be carried out by a genealogist, at an extra expense to the estate. 

There are procedures allowing a genealogist to carry out searches overseas to seek out any British relatives you may have.

Overall, it is preferable to prepare a will so you can establish who should inherit your estate. 

Do bear in mind inheritance tax as well. This burden can become quite high – even if you are thinking of leaving everything to charity.

Matthew Cameron is a partner with Ashtons Legal