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Inheritance questions re French law

Inheritance questions re French law

Old May 30th 2008, 10:47 am
  #1  
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Default Inheritance questions re French law

Bon Journee to all!

Now, it is soon to be all systems go for me and my partner, as we have decided definitely to move to France. For me this is a return, for him a first time. I am currently trawling through legalities to enable us to buy the house together but ensure if one dies the other can have a "life tenancy" in the house but then my daughter will get my share.

My partner does not have any children, so what he does with his bit is up to him, but so long as we both can stay in the property till we are both pushing up "les fleurs" I don't really care. The only problem I can see that I want to avoid is that if I die first, he has the use of the house which I want, BUT if he were to marry again say a woman with three children, I presume that she and her children would be automatically entitled to the whole lot when my partner dies, thus cutting out completely my daughter.

I have found something called buying "indivision" and also something called Graduated Bequest. This seems to be saying that on my partner's death, my 50% share would then automatically go to my daughter - is that right?

Has anyone else already over there been through the buying process with an unmarried partner where one has a child and the other does not? And if so, how did you set it up?

The other notty but related subject is this 60% inheritance tax. Now, I would propose to use a graduated gifting method, ie after 2 years make over say 10% of my 50% to my daughter, then 2 years later another 10% etc. This would seem to mean she would eventually end up owning my 50% but not have powers to sell or do anything else until I die. Along with the graduated bequest thing above, I would hope this would mean that:

If I die and Pete gets married again, he still lives in the house with full use etc BUT my original 50% share, that would by then belong to my daughter, would be safe from any new wife and her children. Hopefully, the graduated gifting over the years of 10% at a time would avoid the massive taxing. Am I right?

Any advice from folk who have already done something similar would be really welcome.

Many thanks guys, have a great day.

Andy
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Old May 30th 2008, 11:32 am
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Default Re: Inheritance questions re French law

Originally Posted by Andrea50
Bon Journee to all!

Now, it is soon to be all systems go for me and my partner, as we have decided definitely to move to France. For me this is a return, for him a first time. I am currently trawling through legalities to enable us to buy the house together but ensure if one dies the other can have a "life tenancy" in the house but then my daughter will get my share.

My partner does not have any children, so what he does with his bit is up to him, but so long as we both can stay in the property till we are both pushing up "les fleurs" I don't really care. The only problem I can see that I want to avoid is that if I die first, he has the use of the house which I want, BUT if he were to marry again say a woman with three children, I presume that she and her children would be automatically entitled to the whole lot when my partner dies, thus cutting out completely my daughter.

I have found something called buying "indivision" and also something called Graduated Bequest. This seems to be saying that on my partner's death, my 50% share would then automatically go to my daughter - is that right?

Has anyone else already over there been through the buying process with an unmarried partner where one has a child and the other does not? And if so, how did you set it up?

The other notty but related subject is this 60% inheritance tax. Now, I would propose to use a graduated gifting method, ie after 2 years make over say 10% of my 50% to my daughter, then 2 years later another 10% etc. This would seem to mean she would eventually end up owning my 50% but not have powers to sell or do anything else until I die. Along with the graduated bequest thing above, I would hope this would mean that:

If I die and Pete gets married again, he still lives in the house with full use etc BUT my original 50% share, that would by then belong to my daughter, would be safe from any new wife and her children. Hopefully, the graduated gifting over the years of 10% at a time would avoid the massive taxing. Am I right?

Any advice from folk who have already done something similar would be really welcome.

Many thanks guys, have a great day.

Andy
I married a divorced Frenchman with 3 children and had two children by him, so I know the problems of who inherits what, usufruit, etc... It's a nightmare, and probably even more so if you're not married. The ONLY solution is to consult a Notaire and he'll set up an agreement which will best protect your daughter. Bonne chance!
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Old May 30th 2008, 12:05 pm
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Default Re: Inheritance questions re French law

Originally Posted by Andrea50
Bon Journee to all!

Now, it is soon to be all systems go for me and my partner, as we have decided definitely to move to France. For me this is a return, for him a first time. I am currently trawling through legalities to enable us to buy the house together but ensure if one dies the other can have a "life tenancy" in the house but then my daughter will get my share.

My partner does not have any children, so what he does with his bit is up to him, but so long as we both can stay in the property till we are both pushing up "les fleurs" I don't really care. The only problem I can see that I want to avoid is that if I die first, he has the use of the house which I want, BUT if he were to marry again say a woman with three children, I presume that she and her children would be automatically entitled to the whole lot when my partner dies, thus cutting out completely my daughter.

I have found something called buying "indivision" and also something called Graduated Bequest. This seems to be saying that on my partner's death, my 50% share would then automatically go to my daughter - is that right?

Has anyone else already over there been through the buying process with an unmarried partner where one has a child and the other does not? And if so, how did you set it up?

The other notty but related subject is this 60% inheritance tax. Now, I would propose to use a graduated gifting method, ie after 2 years make over say 10% of my 50% to my daughter, then 2 years later another 10% etc. This would seem to mean she would eventually end up owning my 50% but not have powers to sell or do anything else until I die. Along with the graduated bequest thing above, I would hope this would mean that:

If I die and Pete gets married again, he still lives in the house with full use etc BUT my original 50% share, that would by then belong to my daughter, would be safe from any new wife and her children. Hopefully, the graduated gifting over the years of 10% at a time would avoid the massive taxing. Am I right?

Any advice from folk who have already done something similar would be really welcome.

Many thanks guys, have a great day.

Andy


Hi Andy,
that's great news, so excited for you
Have you narrowed down the area you are going to look at yet?
I agree with dmu, you need to contact a notaire.
Have posted this link before, but it does have some good advicehttp://www.notaires.fr/notaires/notaires.nsf/V_TC_PUB/ORGANIZING-ESTATE
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Old May 30th 2008, 12:17 pm
  #4  
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Default Re: Inheritance questions re French law

Hey Andy

I went through exactly the same thing, my partner and I bought a house and I have children and he does not. We were able to sign something that meant that my share of the property does not pass directly to my children upon my death, but remains in loco until the death of my partner. Thus protecting my partner if I suddenly died and the kids wanted to sell to gain their share. They can still get what they deserve (ha!) through my will, but it certainly isn't automatic. I'm sorry I can't remember the name of the condition, but as Val says, your Notaire will know about this clause.
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Old May 30th 2008, 12:56 pm
  #5  
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Default Re: Inheritance questions re French law

I am relieved to read that others have managed to surmount this problem, and it is possible to get peace of mind for both my partner AND know my daughter's interests are protected.

I knew we would have to consult a Notaire, and that that costs, but I still feel it important to have SOME grasp of the various situations before one actually gets in there with them. My French is somewhat sketchy and largely restricted to DIY vocabulary, but I can get by, with the aid of the trusty Collins Robert!!!

When I was in France before, we used a wonderful Notaire, a Maitre Vabre, in Cahors - she was absolutely marvellous, and although she spoke little English we managed to get by. When our second purchase went a bit wrong she was amazing and got us back our full deposit etc by invoking one of the Clauses Suspensive - we had absolutely no problems so I will use her again.

I am just SO excited now, but still suffering the frustrations of being stuck here as neither of us can sell our properties! Sure lots of you are also in the same boat and it's the worst type of waiting game but it does provide one with the time and opportunity for finding out lots of stuff.

We have now settled on the area around Gourdon in the Lot - I simply love the Bouriane area, and we nearly bought a house at Cazals but it fell through (ex got cold feet) and so I can't wait to get back over there.

Good day to all, and thanks ever so for all the advice, really appreciated.

Andy
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