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Inheritance

BillieTheBotBillieTheBot Posts: 8,721 Bot
in Home, Law & Money
Is it true that if someone is leaving all their stuff to you from France, you also inherit their debt?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Normally (and I don't know about France) debts would have to be discharged from the estate.

    So I guess the answer to your question would be yes, unless they have been otherwise dealt with.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    If the debts weren't covered by the estate though, would the inheritee then be liable for them though- coz that would be shit?!
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    katralla wrote:
    If the debts weren't covered by the estate though, would the inheritee then be liable for them though- coz that would be shit?!
    not, it's not
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Janjan wrote:
    Is it true that if someone is leaving all their stuff to you from France, you also inherit their debt?
    yeah think so.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    VinylVicky wrote:
    not, it's not

    It would be if someone named you on their will but it ended up that there was actually nothing for you to inherit for whatever reason - but because you were the named inheritee it meant you had to pay off their debts. That would be pretty rubbish! (No idea if it's true or not, though.)
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    In England you don't inherit debt- debt is taken out of the deceased's estate, and if the estate isn't big enough to pay it then the rest of the debt is written off.

    The debt is taken out of the inheritance, and banks don't like writing money off so they harrass the next of kin for payment, but there's no legal liability for it.

    I obviously don't know about French law but a French company would have trouble enforcing the debt against you as a UK resident and citizen.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote:
    In England you don't inherit debt- debt is taken out of the deceased's estate, and if the estate isn't big enough to pay it then the rest of the debt is written off.

    The debt is taken out of the inheritance, and banks don't like writing money off so they harrass the next of kin for payment, but there's no legal liability for it.

    I obviously don't know about French law but a French company would have trouble enforcing the debt against you as a UK resident and citizen.
    That's what I meant, sorry I forgot it was in France
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I would presume that any debts would be paid out of the estate. I wouldn't expect French companies to be able to chase the debt from you, especially if you're not a French citizen. However, for the specifics of it, I would advise you contact a lawyer or French Notaire for their legal interpretation as you do not want to get stung later.
    Don't forget that the French law is complicated in terms of the rights of children to their parents' estate and will override any will made by the deceased, even if the deceased was a British citizen living in the UK, any property held in France is subject to French law.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    If I was in loads of debt, I'd just leave everything to the BNP or some other organisation I'd like to bankrupt.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Janjan wrote:
    Is it true that if someone is leaving all their stuff to you from France, you also inherit their debt?
    Don't know but seems very harsh if thats the case!

    Very unfair.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    as some of the others said, debt comes off the estate before you even get your inheritance or before the money is divided up to the beneficiaries. you wouldnt have to physically pay the debt but it would come out of any money left to you or/and others before you received it. if there isnt enough money to pay the debt then you would get nothing but you can't inherit debt, so you would not be legally obliged to pay it.
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