Will I inherit my stepmother’s French property?

Reader Question: My father recently died in France. He had been living in a property owned solely by his late wife (my stepmother). She died a few months before him, and the notaire had insinuated before his own death that he would be entitled to a share of the French property. Is this correct? And would I be entitled to his share in his place?

French law will apply to both estates under the EU Succession Regulation, as the deceased was habitually resident there at the time of their death. 

The devolution of your stepmother’s estate will depend on whether she left any children and whether she left a will.

Under the French forced heirship rules, where a person leaves a spouse and children, the children are reserved heirs and cannot be disinherited (the reserved share ranges from half to three quarters, and the remainder can be freely distributed).

Equally, where a person dies with a spouse but no children, the spouse themselves is a reserved heir and entitled to a quarter of the estate outright.

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If your stepmother died leaving children, a portion of the estate would be reserved for them. Your father would have no entitlement to the French property, unless she had prepared a will confirming so.

If your stepmother had not prepared a will, your father would be entitled to a share of the estate (alongside any children) under the intestacy rules. He would have a choice between inheriting the whole estate as usufruit or a quarter of the estate outright. 

A usufruit is a type of life interest; the usufruitier (life tenant) has the right to use the assets throughout their lifetime, and the interest lapses on their death. If your father had opted for the usufruit over an absolute interest, it would have lapsed on his death and would not therefore form part of his estate (with the potential to pass to you). 

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Interestingly, the position would be the same if he had failed to choose between the two options within three months of the death – in this case French law provides that the usufruit arrangement will apply by default.

If your stepmother died leaving no children, your father would have an automatic entitlement to a quarter of the estate (irrespective of the terms of any will). 

As this entitlement is absolute, it would have formed part of his own estate at his death and, depending on the terms of his will, may well pass to you under his succession.

It would be sensible to check the position with the notaire to be sure of any right inherited by your father and whether this entitlement now forms part of his own estate, with the potential to pass to you.

Antonia  Ridley-Hughes is  a French succession and estate advisor at Ashtons Legal