After a spouse's death, the surviving partner may request maintenance from the deceased's heirs if they cannot support themselves. This support is drawn from the estate. As experienced family law specialists, we outline the key conditions and steps, plus remedies if heirs refuse.
It's common for surviving spouses to face financial hardship after their partner's passing. French law allows them to seek maintenance—often called a 'claim against the estate'—from the heirs, provided three strict conditions are met.
Important: Need must exist at the time of death; later-emerging shortfalls do not qualify.
The surviving spouse has one year from the date of death to initiate the claim. For undivided estates, this extends until division.
This right is enshrined in Article 767 of the French Civil Code and cannot be overridden by the deceased's will.
If heirs agree, the family court judge determines the amount based on the payer's resources and the claimant's needs. It's deducted from the estate after debts, binding all heirs without touching their personal assets.
Heirs can refuse, prompting the spouse to apply to the local Tribunal de Grande Instance. The judge can award and set the maintenance amount.
Amounts are reviewable and adjustable based on changing circumstances. If need ends, support stops.
Unjustified cessation by heirs is a criminal offense (imprisonment and fines). The spouse has one year from interruption to enforce resumption.
