French law

[coccinelle]

I do hope somebody can help me here as I can't find anything myself on the net.
I live in France and was married under french law though we were married in England but never resided there once married. My husband died last year as most of you know and I would like to know if his nephew is still considered as my nephew. This is for inheritance reasons. I do hope someone can help or put me into the right direction.

[Buenchico]

In both England & Wales
http://www.hmcourts-s...te/why_will.htm#chart
and in France
http://www.french-pro...n/inheritance/rights/
only blood relatives can inherit if you die without making a will. (The only exception is a spouse). So your nephew-through-marriage could not inherit.

In England & Wales you can basically leave your estate to whomever you like. Nobody has an automatic right to receive any of it, but a will can be challenged by someone who is dependent upon you (or in other certain closely defined circumstances). In France, as in Scotland, there are 'protected heirs' who must automatically receive a share of your estate.

Chris

[R1Geezer]

if you married in England how can it be under French law?

[Buenchico]

I wondered that, R1Geezer, but Edward & Mrs Simpson were married in France by an English vicar (whom I assume had no legal status in France) so that was, presumably, under English law. So perhaps it can work the other way round, as well?

[R1Geezer]

regardless of who performs the ceremony surely it would have to be conducted within the legal framework of the nation in which it is happening. Unless it was in the Embassy or something.

[coccinelle]

Thank you Chris for those links. The fact that we never resided in UK after the marriage and married by special licence our union was considered French by the French law system.

[R1Geezer]

right so it was not conducted under French law, merely recognised as a legal marraige by the French. Similarly, Uk recognise weddings done on Carribean Beaches for example.

[coccinelle]

That's right. I should have worded my question differently.

[ethandron]

hi coccinelle. i don't know the legalities of this, but have to say i don't consider my husbands nephew to be my nephew, and likewise he doesn't consider my nieces to be his nieces. we always refer to them as 'your nephew' or whatever. it's an interesting point you raise though.

[coccinelle]

Hi ethandron, just seen your answer. Well, I'm surprised that in fact the children of a spouse's brother and sister aren't 'legally' your nieces and nephews in french law. My husband always considered my nieces and nephews as his too, interesting why we don't call them nephews in law!!