Stephen Smith (France) Ltd

[unknown]

I represent the estate of a married couple domiciled in the UK who own property in France. Sadly they both died simultaneously in a motor accident in Italy leaving no children by their marriage but children by former marriages. What is the position as far as the French property is concerned? The husband was five years older than the wife.

[unknown]

Thank you for your enquiry.

Unlike the position in England where, in the event of a simultaneous death, the younger of the married couple is deemed to have survived the elder, article 721 of the French Civil Code provides that if, after all necessary steps have been taken to establish who was the second to die, proves fruitless, the children of each parent are treated to have owned a totality of one half of their respective late parents French estate. For example, if Mr. A died leaving two children and Mrs. A died leaving one child (all children from previous marriages) Mr. A's two children will inherit 50% of the French house equally between them and Mrs. A's child will inherit Mrs. A's 50% share in the French realty.