2. French Inheritance Laws
2.6. French Inheritance Laws & Divorce
If, at the time of death, the couple were separated, but not divorced, the surviving partner retains rights of inheritance, as if they were still a married couple.
This rule applies even though there may be a legal separation order in place.
It is only where the divorce has been granted that neither party has any rights of inheritance over the other, excluding any gifts that may have been granted during the marriage.
Even in the event of divorce the children retain their normal rights of inheritance, although re-marriage can complicate matters, as we outlined in our section on the Surviving Spouses and French Inheritance Laws.
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