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Old Nov 25th 2008, 4:12 pm
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Default Disinherited Child!

Could someone pls help? Father re-married a woman almost 22 yrs younger than him, they have lived in France for 18 years and up until now inheritence laws never seemed to be an issue. He has asked that we do a "pacte de famille" saying that my sister and I defer our inheritence until our stepmother dies, (assuming Dad dies first). I read that this can be done, however I can't find out whether our stepmother then has rights to do as she wishes with this inheritence, ie: what if she re-marries, what if she spends all our inheritence etc, etc. Is there something that can be put in place that would mean we defer our inheritence until her death but have a guarantee that we will eventually get something? I would sincerely LOVE to hear from anyone that can help.
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Old Nov 25th 2008, 7:27 pm
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Default Re: Disinherited Child!

Originally Posted by Charly
Could someone pls help? Father re-married a woman almost 22 yrs younger than him, they have lived in France for 18 years and up until now inheritence laws never seemed to be an issue. He has asked that we do a "pacte de famille" saying that my sister and I defer our inheritence until our stepmother dies, (assuming Dad dies first). I read that this can be done, however I can't find out whether our stepmother then has rights to do as she wishes with this inheritence, ie: what if she re-marries, what if she spends all our inheritence etc, etc. Is there something that can be put in place that would mean we defer our inheritence until her death but have a guarantee that we will eventually get something? I would sincerely LOVE to hear from anyone that can help.
French Inheritance Law is so complicated that you'd best contact your father's Notaire and find out directly what's involved. He is the only one who knows the family situation and is unbiassed. Sorry, can't help any more, you need a professional....
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Old Nov 25th 2008, 8:11 pm
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Default Re: Disinherited Child!

Originally Posted by Charly
Could someone pls help? Father re-married a woman almost 22 yrs younger than him, they have lived in France for 18 years and up until now inheritence laws never seemed to be an issue. He has asked that we do a "pacte de famille" saying that my sister and I defer our inheritence until our stepmother dies, (assuming Dad dies first). I read that this can be done, however I can't find out whether our stepmother then has rights to do as she wishes with this inheritence, ie: what if she re-marries, what if she spends all our inheritence etc, etc. Is there something that can be put in place that would mean we defer our inheritence until her death but have a guarantee that we will eventually get something? I would sincerely LOVE to hear from anyone that can help.

Hi there
this is a difficult one for you, as I think you are living in Australia now?
This article explains the Pact
http://www.french-property.com/guide...eritance/pact/

as dmu said though, you really do need to get a notaire who would explain the details to you, and make sure you and your children are represented fairly.
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Old Dec 1st 2008, 4:42 am
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Default Re: Disinherited Child!

Originally Posted by val50
Hi there
this is a difficult one for you, as I think you are living in Australia now?
This article explains the Pact
http://www.french-property.com/guide...eritance/pact/

as dmu said though, you really do need to get a notaire who would explain the details to you, and make sure you and your children are represented fairly.
I know the law was changed 2 years ago making it slightly less complicated to defer but.My in-laws are French and I asked them what they thought.
Again crucial that you contact a Notaire,to get the correct info.They all had their own versions of what the law was!!!
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Old Dec 1st 2008, 4:51 am
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Default Re: Disinherited Child!

I found this link which gives a great question and answer session with a notaire on inheritance issues.

http://www.connexionfrance.com/expat...le.php?art=136

Hopefully this may give you an idea before you formalise things with your own notaire.
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Old Dec 1st 2008, 5:26 am
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Default Re: Disinherited Child!

Originally Posted by Jazzy n Lol
I found this link which gives a great question and answer session with a notaire on inheritance issues.

http://www.connexionfrance.com/expat...le.php?art=136

Hopefully this may give you an idea before you formalise things with your own notaire.
The best thing the OP can do in these circumstances is Contact an Independent notaire. Not so easy when in OZ. If the OP wants I can PM details of a very nice notaire that speaks good English and understands the newer inheritance issues. Everything can be dealt with by phone Email and were necessary post.
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Old Dec 1st 2008, 6:14 am
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Default Re: Disinherited Child!

I asked my partner, and they seemed to be under the impression that a child cannot be entirely disinherited and would always be entitled to something. Unfortunately that is just word of mouth and I can't verify that or give further details.
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Old Dec 1st 2008, 9:47 am
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Default Re: Disinherited Child!

Originally Posted by G-J-B
I asked my partner, and they seemed to be under the impression that a child cannot be entirely disinherited and would always be entitled to something. Unfortunately that is just word of mouth and I can't verify that or give further details.
I can confirm that a Child can be completely Disinherited with an pacte de famille. The same document can defer inheritance when a new spouse is involved. But it's all going to depend on how the said document is worded. If the Children are in Teenage years or older a Judge is required for Disinheritance, but deferring is quite normal. My advice stands Speak to a Avocate it is the only way to get sound legal advice especially in France and make sure it is one that is independent of the Document preparer.
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Old Dec 1st 2008, 7:29 pm
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Default Re: Disinherited Child!

Originally Posted by Ka Ora!
I can confirm that a Child can be completely Disinherited with an pacte de famille. The same document can defer inheritance when a new spouse is involved. But it's all going to depend on how the said document is worded. If the Children are in Teenage years or older a Judge is required for Disinheritance, but deferring is quite normal. My advice stands Speak to a Avocate it is the only way to get sound legal advice especially in France and make sure it is one that is independent of the Document preparer.
I'm not going to argue with that!
A child can be disinherited! I'd seek out some paid for professional advice Charly - might help you in the long run.
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