Hi,

Due to the complexities of the french inheritence laws can any knowledgeable person let me know if it is possible to make a will which states the wish for a named person (unrelated common-law partner) living at the house to continue to live in the house until their death, and then for the property to pass onto the property owner's remaining family?

Or would the property automatically pass onto the family and the unrelated common-law partner have no right to remain at the property despite living there for several years?

Although this appears not to be a problem in the UK, I would appreciate advice on how this arrangement may work in France.

Thanks, Gael

It depends if there are children involved. French inheritance laws are very complex and I would recommend that you see a lawyer.

Hi,
In french inheritance law a "common law partner" is called a "concubine" and has no reserved rights in the property of her partner. However , provided the deceased had no children he can make a will leaving his estate to anyone he likes (including his concubine ) ; however she would be taxed at 60% on the value. There used to be an arrangement called "commodat" whereby the life time right to occupy a house could be left with no tax problem, but I believe this is now restricted to a set period of time to allow the concubine to arrange other accomodation.*
The only really viable solution is to marry or PACS with the partner.

*ask a notaire about this.

Thank you Parsnips and Frenchie for your replies. Thankfully no children involved. Parsnips I'm not sure what PACS stands for? I would be grateful if you could enlighten me.

Thanks,

Gael

Here is a link from our INFOrmation pages you might find helpful:http://poitoucharentes.angloinfo.com/information.asp#359

Hi,
PACS is a civil partnership contract which has most of the tax and inheritance advantages of marriage. In my opinion , one might as well marry (free at the Mairie) as take a PACS, which is done via a notaire.

Hi,

PS ...once married you can , by a "donation entre époux" ensure that the surviving partner keeps the life interest in the house , with the legal title left to the deceased's family , who only take possession after the survivor's death.