Ask a French Law Question, Get an Answer ASAP!
My wife, myself, my brother and sister-in-law own a small apartment in Paris. It is an indivision, and we went through the process of making sure that the wives had equal parts. My wife and I want to leave our share of the apartment to our two children, ages 39 and 34, when we die. I have two questions:
1. How do we leave our share (50%) to our children? Do we make a will? Do our children have to appear in person at a notaire?
2. My brother and sister in law want to split their share evenly among their six nieces and nephews, all of them adults, including our two children. How do they do that? Do they make a will naming all six nieces and nephews, and must the nieces and nephews appear in person at a notaire?
3. If our children ultimately want to sell the apartment, they will own more than 50% of it. Will the decision be solely theirs, and how will they go about the sale? Thank you very much for your answers on this.
1. How do we leave our share (50%) to our children?
ANSWER: In French law, the children will inherit 100% of the share of their parents by law and in equal parts, unless they parents leave a will stipulating otherwise.
2. Do we make a will?
ANSWER: No, this is not necessary.
3. Do our children have to appear in person at a notaire?
ANSWER: If you decide to make a will, your children do not have to appear in person before the Notaire when making the will.
4. My brother and sister in law want to split their share evenly among their six nieces and nephews, all of them adults, including our two children. How do they do that?
ANSWER: They will need to make a will.
5. Do they make a will naming all six nieces and nephews?
ANSWER: They do not need to mention the name of all their nieces and nephews. However for clarity they can mention the name of all their nieces and nephews. However, they must keep in mind that any niece or nephew left out of the list of names will be interpreted as them not inheriting from their aunt and uncle, unless the will specifies otherwise.
6. Must the nieces and nephews appear in person at a notaire?
ANSWER: No, they do not have to appear in person before the Notaire when making the will.
Thank you, XXXXX XXXXX And wondering: if we or my brother and sister-in-law want to make a will, is there a standard form we can buy, or a relatively inexpensive way to have a lawyer help us draw up a will?
7. If our children ultimately want to sell the apartment, they will own more than 50% of it. Will the decision be solely theirs?
ANSWER: No. In order to sell the apartment, they will need the signature of all the co-owners of the indivision or a court order allowing to sale the apartment without the signature of the co-owner(s) who do not want to sale..
8. How will they go about the sale?
ANSWER: They can put the apartment up for sale and the day of the signing with the buyer, ALL the co-owners must sign the document of sale before the Notaire. If they can not be present, they will need to sign a power of attorney.
If there is a court order to sell the house, the apartment will be sold at a public auction, unless there is an agreement after the court order to sell it otherwise.
I am glad I was able to answer your question. Please don’t forget to provide a positive rating so I can get credit for the service I provided to you. If the answer was particularly helpful a BONUS is always appreciated too! Best regards XXXXX XXXXX!
The general information provided CANNOT replace the personalized advice one can expect of an attorney/client relationship.
Just that last question: is there a simple will document we can buy here in France (and when we fill it out, do we need to take it to a notaire?), or can you recommend a lawyer to help us draw up a will inexpensively?
9. Is there a simple will document we can buy here in France?
ANSWER: No, not to my knowledge. Maybe you can search online.
10. When we fill it out, do we need to take it to a notaire?
11. Can you recommend a lawyer to help us draw up a will inexpensively?
ANSWER: No. it is against the JustAnswer policy to recommend lawyers. To give you an idea of the price, I would charge 200 euros per page here in Paris.
I hope this helps. Thank you for using Just Answer/Pearl. Please note that I earn my living by helping customers like you. Please do not forget to rate positively my answer otherwise I will not get compensated for my work.
10. Let me re-answer number 10.
Your question was: “When we fill it out, do we need to take it to a notaire?”
In French law, there are basically two types of wills, 1) wills written entirely by hand and 2) wills that are typed. Wills that are typed and signed must be filed before a Notaire. However, wills written entirely by hand do not have to be filed be fore a Notaire. However, it is safe to file the hand written will. So, if you fill out a will document, this document will have to be filed before a notaire.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).