Buying Property in the Languedoc: Inheritance Law

The important point for you is that there is no way to disinherit your children or other legal heirs. French inheritance laws, enshrined in the Code Napoléon, are based on "indivision". They place an imperative priority on the rights of children to inherit before all others (including the surviving spouse).

The position of the surviving spouse can be a worry, especially if there are several children or children from different relationships. A widow or widower, even if co-owner of the house, cannot simply inherit the late partner's half unless there are no children at all (and no parents of either partner still living). However, provided there are no children from an earlier marriage, the survivor can inherit a quarter of the French estate absolutely or may opt instead for use (including benefit from rental income) and occupation of the property for life.

If there are step-children, the surviving partner may still have the right to occupy the house for his or her lifetime, but only if the deceased has not excluded this in a will.

This is not important if family structure is very simple: for example, a single parent with a sole child, who wishes that child to inherit everything. The parent need not wory - the state will regard the offspring as sole heir. Similarly if the parent has a number of children and wishes them all to inherit equally.

If the parent wants to bequeath some part of the estate to someone else, the problems start. Half of the property will be reserved to a sole child in any case, more if there are a number of children. There of course ways around this, all of which carry greater of lesser dangers. Bear in mind that the concept of a trust is foreign to French law, so the usual mechanisms in Britain, Ireland, Australia, Canada and the USA are not available. Here are some options:

Fortuately, there are ways arount the restrictions. For some examples, click here.