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Reply to: Died with no Will.

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Previously on "Died with no Will."

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  • NotAllThere
    replied
    France following the Napoleonic inheritance laws. That means that with a married couple, half the estate on the death of one goes to the children in equal parts, the other half goes to the spouse. Some countries with Napoleonic inheritance laws, allow for foreign nationals to draw up wills under the laws of their home country. However, with an unmarried couple, without a will, there will be no inheritance to the partner.

    Leave a comment:


  • Money Money Money
    replied
    Thanks everyone.

    Leave a comment:


  • scooterscot
    replied
    Best talk to a FA - I was shocked and stunned when I realised that my spouse would be left in a not so pretty situation upon my passing. It's a grim subject to be sure but you're best getting in touch with a FA. I recommend:
    http://www.hansonwealth.co.uk/

    In my own situation I discovered that a will was not so important as ensuring the quality of life of those closest to me was maintained. I've achieved this through a variety of insurance products.

    Leave a comment:


  • DaveB
    replied
    Originally posted by Money Money Money View Post
    Hi guys, I have a question which I thought someone may know the answer to.

    If a british citizen in france died without a will, was living with a lady for 10 years (in france) but not married and has 2 children in the UK.

    a) Does the estate go to the next of kin (2 x children)
    b) Does the fact that he lived with someone for 10 odd years make a difference.
    c) For what reasons would the french solicitors need to contact the next of kin?

    No jokes or stupid comments please.
    Not sure if the France thing makes a difference but if a UK citizen dies without a will then it gets messy. The legally estate should pass in equal parts to the surviving children, but it has to be handled by an official administrator who will do formal searches to ensure that all surviving relatives have been identified and that all assets are then divided equally. It can take months or years to resolve.

    Living with someone confers no legal rights in this case under UK law. They would have to have been named in a will to get anything. French law may be different.

    No idea how French solicitors would work in this case, it depends on whether it falls under UK or French jusridiction.

    I think you need to consult French and English solicitors to sort out what needs to happen.

    Leave a comment:


  • The Lone Gunman
    replied
    Originally posted by Money Money Money View Post
    Thanks LG

    No matter how long they live together?
    It has been some time since I looked into this, and since then there has been some new legislation passed about civil partnerships etc, so I can not be sure. Sorry.

    I looked into it because I had lived with my (now) wife for quite some time with no intention of getting married. Then a situation arose between me, her and the rest of my family. I realised that, should I die, my family could claim everything that she and I had worked for.

    At the time it did not matter how long you had been together she would have no claim on my estate and any will could be contested with no sure outcome for her.

    As I said, you need to check new status regulations.

    Leave a comment:


  • daviejones
    replied
    http://www.lawontheweb.co.uk/basics/cohabit.htm

    Leave a comment:


  • VectraMan
    replied
    My Dad and his wife own a second house in France, and he tells me that if he were to die, under French law my brother and I would be certain to get half each of his half, regardless of wills, which country he's in or anything else. I think that only applies to property though (I may be wrong), so a lot depends on what he owns and where.
    Last edited by VectraMan; 16 September 2008, 09:55. Reason: typing failure

    Leave a comment:


  • where did my id go?
    replied
    go and ask on totalfrance
    http://www.totalfrance.com/france/fo...forum.php?f=24

    French inheritance law is very different to uk law. certain things are mandated - I suspect everything will go to the children, but you'll get a better understanding from tf or speak to a notaire.

    Leave a comment:


  • daviejones
    replied
    Originally posted by Money Money Money View Post
    Thanks LG

    No matter how long they live together?
    There is no such thing in English Law...if they are not married, what's hers is hers and what's his is his.....

    Leave a comment:


  • chef
    replied
    Originally posted by Money Money Money View Post
    Is half the s**t on here?
    Touché

    Leave a comment:


  • Money Money Money
    replied
    Originally posted by chef View Post
    is this an IT, Contracting or Uk related issue?
    Is half the s**t on here?

    Leave a comment:


  • Money Money Money
    replied
    Originally posted by The Lone Gunman View Post
    In the UK a live in partner has no claim on the estate.
    Thanks LG

    No matter how long they live together?

    Leave a comment:


  • chef
    replied
    is this an IT, Contracting or Uk related issue?

    Leave a comment:


  • The Lone Gunman
    replied
    Originally posted by Money Money Money View Post
    Hi guys, I have a question which I thought someone may know the answer to.

    If a british citizen in france died without a will, was living with a lady for 10 years (in france) but not married and has 2 children in the UK.

    a) Does the estate go to the next of kin (2 x children)
    b) Does the fact that he lived with someone for 10 odd years make a difference.
    c) For what reasons would the french solicitors need to contact the next of kin?

    No jokes or stupid comments please.
    It will depend on local law where the estate is.
    In the UK a live in partner has no claim on the estate. Dont know about France.

    Leave a comment:


  • Money Money Money
    started a topic Died with no Will.

    Died with no Will.

    Hi guys, I have a question which I thought someone may know the answer to.

    If a british citizen in france died without a will, was living with a lady for 10 years (in france) but not married and has 2 children in the UK.

    a) Does the estate go to the next of kin (2 x children)
    b) Does the fact that he lived with someone for 10 odd years make a difference.
    c) For what reasons would the french solicitors need to contact the next of kin?

    No jokes or stupid comments please.

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