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The Daily Insight

Who inherits property in France?

Author

Ava Robinson

Published Apr 12, 2026

If the person didn’t have children, parents, brothers or sisters (living or represented), the inheritance is divided into two equal parts: one half for the maternal family, the other for the paternal family. In each of the two families, the closest heirs inherit: the uncles or aunts first, then the first cousins.

Who is next of kin in France?

Usually your next of kin is the closest member of your family, but here the person concerned is not a member of the testator’s family but a “friend and confidant”. And he is not being appointed next of kin to the testator, but to the will!

Do you pay inheritance tax on a house you live in?

There is normally no IHT to pay if you pass on a home, move out and live in another property for seven years. You need to pay the market rent and your share of the bills if you want to carry on living in it, otherwise you will be treated as the beneficial owner and it will remain as part of your estate.

How much are death duties in France?

There is an allowance of 20% for the main residence of the deceased, provided the property was normally occupied by the surviving spouse, and/or the children, at the time of death.

How many people can own a house in France?

The property is purchased by two or more persons, with each one holding a stake in the property in whatever terms that may be decided between them.

What happens if a person dies in France without a will?

If the deceased is intestate (dies without a will) certain portions of his/her estate in France are reserved for specific reservatory heirs, as follows: The spouse has a choice between (i) ¼ ownership of the estate or (ii) no ownership, but lifetime use of the property, including all rental income from real estate.

How does the surviving spouse in France get their estate?

Such action might include: Ensure the surviving spouse inherits all your estate through a French marriage contract. Increase the proportion of your estate they receive through gift or will. Buy your French home en tontine, so it is automatically transferred to the surviving spouse on first death.

Can a person in France give up all of their French property?

However, under some very specific conditions, the beneficiaries can give up all or part of their rights in advance. If the deceased is survived by one child, he can give away by will no more than half of his French property. If he is survived by three or more children, he can only give away a quarter of his French property.