Ask the Experts: Inheritance in France

Matthew Cameron looks at inheritance issues…

Broadly, a lasting power of attorney (LPA) is an English legal document that works to authorise someone to represent your interests in the future, should you lose the ability to do so yourself.

There are two types of LPA: one allows your representative to make decisions about your health and welfare, but here we are considering the second version, under which you confer authority on your attorney to manage your property and financial affairs.

It is sensible for UK residents to complete these two documents, even though they may never be needed. If, for example, you lose mental capacity, you might need someone to manage your bank account or even sell your home to cover care fees. Without an LPA in place, the only option would be to apply to the court of protection for a deputyship order. This application can be slow, and expensive.

Loss of capacity can be problematic for a French property transaction. In that case, a notaire would need to see a suitable document of authorisation before someone can sign on your behalf. There is a French equivalent of an LPA, known as a mandat de protection future (MPF). An MPF must be completed by a notaire so you may wish to discuss it with your local notaire on a future visit.

It is, in fact, possible to implement an English LPA in France, however, the procedure for this is burdensome. An LPA is a large document, which would have to be translated into French, which in itself would be costly, and as the notaire may not recognise the document, or its validity, it will probably be necessary to obtain a legal opinion from a solicitor, also produced in French. It may never be necessary to use one, yet knowing they are in place might offer you some peace of mind. If you decide to complete both types, make sure the same people are named as attorney in them both.

Even if you are the only child, you are not obliged to accept a succession in France. There are many reasons why someone may not wish to accept a deceased parent’s legacy. One relatively common example is where there is a risk that the deceased had debts: in accepting a succession, the beneficiary takes on the liability for any debts as well as the assets.

It may be possible to accept the succession subject to an inventory being produced of the overall value of the estate, so that you can decide whether it is in your interests to do so. Of more importance, though, is the consequence of a renunciation. If you choose to renounce an inheritance from a parent, you are deemed to have died before the parent.

The children of a predeceased parent take the place of their parent in an inheritance coming down through the direct family line. This means that if you renounce, your children will inherit in your place. Your children would then have to decide for themselves whether they would want to choose to accept the succession or renounce it themselves. However, they are only able to make such a choice if they are adults: if they are not 18, then a court would have to take that decision for them. Furthermore, if the children are UK nationals, then it would be for the English court to take that decision on their behalf.
The cost, time and stress of asking an English court to authorise a renunciation of a French inheritance would have to be considered.

These rules of representation, where a child stands in place of a predeceased parent, only work in the direct line. That is to say, the grandchild would only have to inherit where the inheritance comes from the estate of a grandparent if you have renounced. In this particular case, the legacy is from your father, so if you have children they would inherit in your place should you decide to renounce. Had the legacy come from a sibling, for example, the situation would be different.

Suffice to say that you are not obliged to accept a legacy, nevertheless, you should consider the consequences of renouncing. This can prove particularly complex, and detailed advice should be sought.

Matthew Cameron heads the French legal services team at Ashtons Legal

Tel: 0330 1914450

ashtonslegal.co.uk

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