British Expats

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-   -   Death and State charges (https://britishexpats.com/forum/france-76/death-state-charges-809921/)

EuroTrash Sep 24th 2013 3:58 am

Re: Death and State charges
 
It's an unfortunate fact that as people get closer to the point where their will is going to come into effect, their critical faculties and powers of reason are sometimes not at their sharpest. They can be taken in by hypocrisy and manipulation, or have an unreasonable argument with a son or daughter who has always tried to act with the parent's best interests at heart. On balance I think the French system is less open to abuse. It does contradict the mindset of 'rewarding' your favourites with a legacy after your death, but mixing up love and money is never comfortable.

cjm Sep 24th 2013 5:04 am

Re: Death and State charges
 

Originally Posted by EuroTrash (Post 10915853)
It's an unfortunate fact that as people get closer to the point where their will is going to come into effect, their critical faculties and powers of reason are sometimes not at their sharpest. They can be taken in by hypocrisy and manipulation, or have an unreasonable argument with a son or daughter who has always tried to act with the parent's best interests at heart. On balance I think the French system is less open to abuse. It does contradict the mindset of 'rewarding' your favourites with a legacy after your death, but mixing up love and money is never comfortable.

Love and Money ET. Now that is a topic all on its own for a lunch table with wine, good company and easy food. Baling out offspring. What a cracker. We are going through a bit (no a lot) of that, having baled out one child who could not work unless vehicle repaired. Not much cash, tad over £250. But, no offer to repay. Weekends away fine, but no cash, no explanation. Now grand-child being introduced into 'what's more important'. Sorry, raw moment. But, you are quite right ET mixing love and money is fraught with danger.

grannybunz Sep 24th 2013 6:33 am

Re: Death and State charges
 
We are perfectly happy with the arrangements we have made and so are our children. I can't wrap my head around falling out with any member of our immediate family. I absolutely trust them to carry out our wishes - how could we live otherwise?

If it has happened then I am sorry for you. We have had a long time arrangement with our children re inheritance just as my parents had with me. None of us would dream of doing anything else.

Heaven help if they did (they won't) then it would be up to them to fight it out.
If they did then they would put themselves in dire problems and they know that.

I am really really sorry if your circumstances are otherwise. Make your plans - make them foolproof (it is possible) then trust to fate or whatever. After all ,if you are not there then it doesn't really matter does it?

cjm Sep 24th 2013 7:34 am

Re: Death and State charges
 

Originally Posted by grannybunz (Post 10916103)
We are perfectly happy with the arrangements we have made and so are our children. I can't wrap my head around falling out with any member of our immediate family. I absolutely trust them to carry out our wishes - how could we live otherwise?

If it has happened then I am sorry for you. We have had a long time arrangement with our children re inheritance just as my parents had with me. None of us would dream of doing anything else.

Heaven help if they did (they won't) then it would be up to them to fight it out.
If they did then they would put themselves in dire problems and they know that.

I am really really sorry if your circumstances are otherwise. Make your plans - make them foolproof (it is possible) then trust to fate or whatever. After all ,if you are not there then it doesn't really matter does it?

Cheers grannybunz, I suppose I'm thinking out loud, testing things. I always have an open mind, at least I try. I like to listen to other opinions. We each have a take on issues, why should I think I am right. I always come back to freedom and choice, but recognise this is far too simple a position. We are complicated individuals. Like many I wish to do what is right. But, some may say what is right? Right for whom? Is honesty a factor?

bjgironde Sep 26th 2013 11:21 am

Re: Death and State charges
 
All of this will become irrelevant for UK citizens when after January 2015,when the new EU law comes into place, (that France have adopted) any person can make a will stating that he/she wishes it to be carried out according to the law of the country of which they are a citizen/birth and can bequeath (as in the UK) anything to anyone they wish, which by-passes the French Napoleonic Inheritance laws.

Novocastrian Sep 26th 2013 1:15 pm

Re: Death and State charges
 

Originally Posted by bjgironde (Post 10919815)
All of this will become irrelevant for UK citizens when after January 2015,when the new EU law comes into place, (that France have adopted) any person can make a will stating that he/she wishes it to be carried out according to the law of the country of which they are a citizen/birth and can bequeath (as in the UK) anything to anyone they wish, which by-passes the French Napoleonic Inheritance laws.

It doesn't matter to me one way or the other, but can you provide a link to the details of this change?

EuroTrash Sep 26th 2013 7:09 pm

Re: Death and State charges
 
Assuming the law comes in - yes, UK citizens living in France will be able to leave their estate to anyone they want, as under UK inheritance law - but French succession taxes will still apply. So you can leave your house to your unmarried partner but they will still have to pay 60% inheritance tax to the French government. So the thread will not become irrelevant exactly, and there will still be a strong disincentive to bypass Napoleonic law.

EDIT: here's a link - apparently it's August 2015 not January.

bigglesworth Sep 26th 2013 10:51 pm

Re: Death and State charges
 
Thanks for that link ET. Very illuminating.

Novocastrian Sep 27th 2013 4:28 am

Re: Death and State charges
 

Originally Posted by EuroTrash (Post 10920090)
Assuming the law comes in - yes, UK citizens living in France will be able to leave their estate to anyone they want, as under UK inheritance law - but French succession taxes will still apply. So you can leave your house to your unmarried partner but they will still have to pay 60% inheritance tax to the French government. So the thread will not become irrelevant exactly, and there will still be a strong disincentive to bypass Napoleonic law.

EDIT: here's a link - apparently it's August 2015 not January.

Boy, that's a bit hard to follow. :( In my case it's even more muddy since I'm both a UK citizen and a Canadian one (and there's no inheritance tax at all in Canada). I think I need to find an expert, but I suspect it'll be a bit tricky to find one in this minefield. Ah well.


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