Midsomer

Hello

My wife and I are currently making our plans to move to France, and the more we dig, the murkier some things seem to become

As far as buying property is concerned, we, like so many others, are keen to ensure that, should one of us die, all the remaining property would pass to the other. We both have children from previous relationships, but none, as yet, form our own marriage.

From what we have read, it would seem that any property we purchase should be done "en tontine". However, having read many sites and posts about this, there seems to be conflicting advice as to the implications of this. I suspect some of this may be from out-of-date sites which don't take account of recent changes. In any event, we would very much appreciate clarification of some issues:

1. In the event of one of us dying, is it correct to say that the half of the property which then passes to the surviving spouse is now exempt from any inheritance tax?

2. Is there, however, some form of transfer tax payable on this amount (I saw about 5% suggested)?

3. I am 58 years old, and 16 years older than my wife. I have seen it suggested that "en tontine" arrangements might not be recognised where there was a significant age difference between the partners. Is there any guideline as to exactly what this means?

4. One solicitor online gives the following opinion "There are notaires and others who say that there are dangers in using the tontine method because children who have been 'cut out' can claim to be 'cut in'. Take courage from some recent cases on this point which say that it is almost impossible for children to succeed if care is taken and the documentation is correctly prepared. This applies to any Power of Attorney given by the buyer and to the acte de vente itself. It is worth taking the right advice to ensure that this happens." Is this correct - the last thing one would want would be to loose a partner, and then face an unpleasant legal battle with step children about inheritance of their estate.


Many thanks - Jeremy

Roger O

Try this link first - it may help!
http://www.french-property.com/guide...ance/marriage/
Having decided more or less which case to choose, best to contact a good French solicitor or a British one who is expert in French law and up to date!!
There may be someone on this forum who could recommend one or the other - depending where you plan to live in france, which you didn't mention.

Ka Ora!

Its harder to write out older children than younger, We have written out our children 2 and 7 just to simplify matters should the remaining spouse wish to return to the UK. When children are 10 plus and most certainly behond adult ages then it will all have to been done in front of a judge, Or at a Tribunal d’Instance which is about on par with a county court. Pray that is does not get to the Cour de Cassation as its a pain in the butt "Been there done that". A Notaires will normally deal with it, But should it need to go to to court which in your case it sounds like it will then it comes under the arena of a Avocat, But start with the Notaires.

The French legal system is well aware that us English folk like to handle our own matters like this and they are a lot broader minded when dealing with it. Ask an ye will receive.

cyrian

Hi

I agree with Roger O.
We were advised to declare a french marriage contract.
Communauté Universelle means joint ownership of assets and they pass from one spouse to the other on death.
The notaire writes the declaration and you go thro' it with him and sign it.
It cost us about 300 euros.
Your marriage contract is normally stated in the "Acte de Vente" when you buy a property.
Inheritance tax between spouses was abolished by Sarkozy in 2007.
UK wills should be recognised in France - in theory
However if your UK will says that you leave something in trust - the french don't understand that & it will cause problems.
I had a french notaire sight that explained various issues but I cant find it.
If I locate it - I will send it to you
Best wishes

cyrian

Notaire site

http://www.notaires.fr/notaires/nota...GLISH-HOMEPAGE

Midsomer

Thank you so much for taking the trouble to reply, and to provide the link. I must admit that is an area which seems very fraught, and not a little indimidating! At the moment, we are starting to think that the best thing to do would be to start off renting somewhere for 6-12 months while we become more familiar with all the requirements, and to give ourselves the time to make sure that whatever we do purchase is just right for us (and the 4 dogs and the cat!)