Buying Property in the Languedoc: Inheritance Law

Here are some options:

Lifetime Gifts. For example you can give your property away during your lifetime. (I know a single woman who gave their house to her sole heir on the understanding that she could continue to live there. When he sold it, she had to buy another property - which she cannot prevent him from inheriting).

Tontine. A tontine clause in the purchase contract (Acte Authentique) has the effect of co-owning spouses agreeing that on the death of one of them the survivor automatically becomes outright owner of the whole property. This was a popular solution to the problem, but inflation has rendered it almost useless, as it is only valid up to a value of 76,000 Euros (at the time of writing). What is more it is a device which must not be used with the evident aim of disinheriting children. An agreived child may challenge it in court.

SCI. Some people, especially those with complex family structures buy through a company - usually an Societe Civile Immobilière (SCI) a Private Property Company. This eases the inheritance problems as the company owns the property and shares may be transferred freely. This is an effective but pricey solution. It also involves certain statutory obligations, for example in administering the SCI.

French inheritance laws are complex, and worse they are changing all the time. Most authorities advise you to consult the notaire handling the purchase of your property about your rights and obligations, or a tax lawyer if necessary. Your only safe solution is to become an expert in French law yourself - no one else has as much of an incentive to get it right as you do.

Actually writing the will is a simple matter, though quaintly it has to be hand written. A notaire will help with the wording, will register the will for 15 euros (and administer it when you die).