Do You Still Need a Will if You Have a Tontine Clause in France?

First published: 15th June 2026 by FrenchEntrée

By FrenchEntrée

Death, divorce and diagnostics, by Caroline Fell

I’ve purchased my home jointly with my civil partner. We made sure that we included a ‘tontine’ clause in the purchase deed – should I make a will too?

As you may already know, if you’ve bought your home with a tontine clause, when either you or your civil partner passes away, the survivor will automatically become the sole owner of your French home.

It is still, however, a good idea to make a will. By making a will it ensures that your home passes as you wish (in so far as that is possible) in the event that you and your civil partner die together. It will also ensure that following the death of the survivor of you both, the property passes as you wish.

It will depend upon your nationality, and family structure, as to how you and your civil partner structure your wills, but we suggest reviewing your estate planning following a property purchase.

My husband and I, a retired couple, are in the process of separating. We have been living in France for around five years, but I wish to return to England, whereas my husband wants to remain living in France. We are both British nationals and were born in England. We have property in both France and England. Our pensions are in the UK and our children are living independently in England. Where can I issue divorce proceedings?

When looking at where to issue divorce proceedings, there are three factors to consider:

1. In which country can I issue divorce proceedings, i.e. is there jurisdiction for me to issue divorce proceedings in that country?

2. In which country is it most appropriate for divorce proceedings to be considered? This is known as forum conveniens.

3. Will one country provide a more beneficial outcome to me on divorce? The country in which divorce proceedings take place will then determine how the finances are to be separated in accordance with that country’s laws. This can provide a very different outcome if proceedings take in France, or if they take place in England.

“The country in which divorce proceedings are issued depends on factors such as where the fmaily, children and assets are based”

Jurisdiction: As you are living in and habitually resident in France, it is possible for either you or your husband to issue proceedings for divorce in France. However, as it seems that you remain domiciled in England, you are also able to issue divorce proceedings in England. There is therefore jurisdiction to issue proceedings in both countries.

Forum: If proceedings are issued in both countries, a decision will have to be taken by the courts as to which is the most appropriate forum for proceedings to take place. Consideration will be given as to factors such as where the family have their main home, where the assets are held, where the children are based.

In this example, it seems as though there is rather a fine balance between the two countries: while the fact that the family home is in France may be determinative, the presence of other assets in England (in particular pensions), may give weight to England being the preferred forum.

Financial outcome: England is known to be supportive of the financially weaker party when it comes to divorce law. There are greater powers with regard to the division of pensions and ongoing financial support than exist in France. French courts will not, for example, have the power to divide UK pensions on divorce and this may be a significant factor for a retired couple. However, it is essential that you seek advice from both French and English lawyers to ascertain the likely outcome in each jurisdiction.

It is also very important to work with your husband to try to reach an agreement with regard to the division of your finances. Forum disputes are notoriously expensive and, as outcome is not guaranteed, you are best placed trying to find a resolution through discussion, potentially with the support of an accredited mediator.

I’m selling my French property. Am I required to organise a buildings survey?

In France it is not necessary to provide a buildings survey to any prospective buyer of your property. However, in France it is necessary to provide buyers with a dossier de diagnostic technique (DTT).

The DTT includes reports on asbestos, electrical wiring, energy efficiency, gas installations, geotechnical risks, lead, natural and industrial risks, radon, septic tanks and termites. It is your responsibility to provide the buyer with this, and you will be expected to pay for the DTT. You should seek a surveyor who is appropriately accredited to ensure that the reports are comprehensive and can be relied upon.

If the buyer wishes to have a building survey, and you agree to this, the buyer would be expected to organise and pay for it. The buyer should do this before formally agreeing to buy your property.

Caroline Fell is a Partner and Head of the Family Law and Mediation team at Stone King — Tel: 0800 111 4336 | stoneking.co.uk

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