French Law

Have French Law Questions? Ask an French Lawyer Now.

Ask an Expert,
Get an Answer ASAP!

French Law

If man with no wife or children leaves his estate to charity

Customer Question
has his sister any right...
If man with no wife or children leaves his estate to charity has his sister any right to part of his estate
JA: Estate laws vary by state. What state are you in?
Customer: in uk
JA: What documents or supporting evidence do you have?
Customer: have not seen will because notaire will not show it. Have proof of relationship
JA: Anything else you want the lawyer to know before I connect you?
Customer: sister died after brother
Submitted: 3 months ago.Category: French Law
Show More
Show Less
Ask Your Own French Law Question
Answered in 40 minutes by:
8/25/2017
Barrister: Aston Lawyer,
 replied 3 months ago
Aston Lawyer
Category: French Law
Satisfied Customers: 10,630
Verified

Hi, thanks for your enquiry.

It is a fundamental principle of English law that a person should be able to dispose of their estate as they see fit, but certain family members and other dependants can challenge a will if they feel they have not received “reasonable provision” from the deceased.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals the right to bring a financial claim against the estate of a deceased person. A surviving spouse is entitled to a higher standard of provision than other claimants, such as children, who are limited to reasonable provision “for their maintenance”.

However, as a sibling, you have no automatic right to any part of your brother's Estate and unless you were financially dependent on him, then I am afraid to say that you won't be entitled to make any claim against his Estate.

I am sorry this is not the answer you were looking for, but it sets out the legal position. If I have answered your question, I would be grateful if you could rate my answer in the top right hand corner of your screen.

Thanks

Kind Regards Al

Ask Your Own French Law Question
Customer reply replied 3 months ago
I thought that you are dealing with French law and my question to France
Barrister: Aston Lawyer,
 replied 3 months ago

I do apologise- your question has been posted in UK Law category. I will get one of the moderators to change this.

Kind Regards Al

Ask Your Own French Law Question
Barrister: EULawyer, Lawyer replied 3 months ago
EULawyer
EULawyer, Lawyer
Category: French Law
Satisfied Customers: 270
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
Verified

Dear Customer,

I am an EU continental legal expert, with a Licence of law in France. The answer to your question, under French law, is that someone with no spouse, no living children, and no living parent, can leave their estate to absolutely anyone they choose. The siblings (sister) or anyone else have no claim to the estate of the deceased if there is a Will, since the only persons with an absolute claim are spouses, children and parents.

However, the sister does have an absolute right to see the Will, and if the notary refuses, then she should go through the courts. The point is that the Will might have left only some of the property to a charity. So, in other words, if someone leaves their entire property to a charity, then the sister has no right to it, it is a right to be able to see the Will, to check that it is interpreted correctly, and maybe even contest it if, for example, it was made in very old age / when dementia struck / for other reasons of form or validity.

If the Will does not leave the entire estate to charity, or is partly or wholly invalid, then the sister does indeed stand to inherit, as the first heir, whatever is not covered by the Will, or even the entire estate (if the Will is wholly invalid).

I hope my answer, while I understand it is not perhaps what you wanted to hear, will be useful, and look forward to your rating, which is essential to my activity.

Cordially,

Dr I L Vlad

Ask Your Own French Law Question
Ask EULawyer Your Own Question
EULawyer
EULawyer
EULawyer, Lawyer
Category: French Law
Satisfied Customers: 270
270 Satisfied Customers
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office

EULawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around.

EstherWoodstock, NY

Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know.

RobinElkton, Maryland

He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here.

DianeDallas, TX

< Previous | Next >

Meet the Experts:

TKenney, Ph.D.

TKenney, Ph.D.

French Attorney (Avocat à la Cour)

791 satisfied customers

Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US

A.Valcke

A.Valcke

Solicitor

70 satisfied customers

Lawyer with Maîtrise en droit & Licence spéciale en droit européen.

INC

INC

Solicitor-Advocate

96 satisfied customers

LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

José M.

José M.

Attorney

650 satisfied customers

Spanish Attorney

Thomas

Thomas

Solicitor

45 satisfied customers

UK based Immigration Solicitor

Clare

Clare

Solicitor

37 satisfied customers

Attorney

Top_advisor

Top_advisor

Attorney

32 satisfied customers

Solicitor and Attorney

< Previous | Next >

Related French Law Questions
A french citizen has via telephone and via Messenger
A french citizen has via telephone and via Messenger threated that I will be killed - not by him personally but by some friends. He was most likely in France at the time because he called me from a fr… read more
José M.
José M.
Attorney
Máster
650 satisfied customers
We have employed a cleaner for 10 years and are about to
we have employed a cleaner for 10 years and are about to stop. we pay her c.3600 per year and paid her on a cheque de employee and now declare her through CESU. besides contractual notice would we hav… read more
Ben Jones
Ben Jones
Solicitor
Legal Practice Course
1,511 satisfied customers
I have been refused with my business visa 3 times I would
I have been refused with my business visa 3 times I would like to appeal the decision made by the embassy. … read more
Guillermo Senmartin
Guillermo Senmartin
Attorney At Law
Juris Doctor
27,396 satisfied customers
I have a spanish visa (non working ) and am living in france
I have a spanish visa (non working ) and am living in france for longer than allowed. I am afraid to go back to barcelona to get my visa for france because of the trouble in Barcelona. Is there any wa… read more
José M.
José M.
Attorney
Máster
650 satisfied customers
Do you know where I can find an English-language equivalent
Do you know where I can find an English-language equivalent of a complete French "contrat de marriage" please? Thanks in advance, Nigel … read more
EULawyer
EULawyer
Lawyer
270 satisfied customers
Im hoping you might be able to help with my question. I saw
Hello there, Im hoping you might be able to help with my question. I saw a vintage record player fin a shop in Paris and over August messaged the seller to see if it was still available. I paid 1200 euros as a paypal payment for it. I later saw it was listed at just over 1000 euros on his website. He was supposed to deliver on 3rd September. He finally delivered last Friday aster saying he was ill for over a week (his son delivered it) with a broken needle and not working. H wis now ignoring my calls and texts. I would like to return as per the right of withdrawal on his website terms and conditions - he is an autoentrepreneur. This wa s a special gift for my husbands 40th and the whole thing has become really upsetting - I'm also pregnant and have a small baby and the seller is being really unhelpful. Is there anything I can do? Its become such a horrible situation - I already asked for a refund and he said no. … read more
José M.
José M.
Attorney
Máster
650 satisfied customers
My parents (born nov 1933 and june 1937) are in the process
Hello, my parents (born nov 1933 and june 1937) are in the process of selling their house, my sister and I have joint interest in the house, whilst our parents have the usufruit. Can you please confir… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am mailing a flash drive with family photos to my family
I am mailing a flash drive with family photos to my family in France. Is this taxable by France and what paperwork do I have submit? … read more
José M.
José M.
Attorney
Máster
650 satisfied customers
If man with no wife or children leaves his estate to charity
If man with no wife or children leaves his estate to charity has his sister any right to part of his estate … read more
EULawyer
EULawyer
Lawyer
270 satisfied customers
I have received a service of documents for a court hearing
I have received a service of documents for a court hearing on Sept 4 th for co-ownership expenses on a property that I purchased a number of years ago. The property has no been doing well and I have no received any income from it since 2015. … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Aloha! I have recently reconnected with my French father
Aloha! I have recently reconnected with my French father from whom I've been estranged for most of my life. He is not named the father on my birth certificate but I would like to pursue dual citizensh… read more
EULawyer
EULawyer
Lawyer
270 satisfied customers
Can I travel outside the France with the recepisse de
can I travel outside the France with the recepisse de demande de care de sejour a demande le renouvellement de son titre de sejour . My visa will expire on August 23, and I received recepisse de deman… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My partner and I jointly own a house in France. I want to
My partner and I jointly own a house in France. I want to make her the sole beneficiary on my death and exclude my estranged son … read more
EULawyer
EULawyer
Lawyer
270 satisfied customers
I am an American, living in Paris. I have a carte de séjour
Hello, I am an American, living in Paris. I have a carte de séjour visiteur that I have renewed annually for 5 years, due to expire in March 2018. I do not intend to leave France permanently or to rel… read more
Guillermo Senmartin
Guillermo Senmartin
Attorney At Law
Juris Doctor
27,396 satisfied customers
I want to marry my boyfriend who lives in France, he has
I want to marry my boyfriend who lives in France, he has overstayed his visa, his origin is from Algeria, and I'm Danish and Dutch passport holder who lives in United Kingdom, and we are really hoping… read more
José M.
José M.
Attorney
Máster
650 satisfied customers
Trying to obtain decree absolute as never received one, Uk,
Trying to obtain decree absolute as never received one … read more
EULawyer
EULawyer
Lawyer
270 satisfied customers
Does me neighbour have the right to overlook my terrace? I
Does me neighbour have the right to overlook my terrace? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,720 satisfied customers
We have our house for sale, the view from our place includes
We have our house for sale, the view from our place includes the neighbour's home, they have just told us it's illegal to show a picture of their place on the internet or anywhere else, is that correc… read more
José M.
José M.
Attorney
Máster
650 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x