jvc

Yes, i need to check then. The Notaire has been very helpful, so far with pre offer questions, but they are quoting some ridiculous amount for the Will part. I think I must have read the situation wrong, but if not, then we will have to use another Notaire. We have had a Notaire recommended, and have found another one, so testing the water pre offer to see who is the best.

Annetje

Hi,
My late husband and I bought our house with the clause ''En tontine'' and
when he passed away, the house just came to me, despite the fact he has 2 children.
I just had to change the title deeds , cost 4900,- Euros. and further NO hassle. Didn't even have to declare it on the ''declaration de succession'', since it is part of a contract, no inheritance.

BTW I paid 75,- Euros for my French will !

Forgot to mention but this CLAUSE has to be arranged BEFORE buying the property, since it has to be in the Acte de Vente. It cannot be arranged afterwards, unless you pay a lot to change the Acte de Vente.

jvc

We personally would feel better getting the Wills sorted before Acte de Vente...I just need to check these costs with our Notaire, they seemed very steep. I have been asking lots questions to the Notaire we have been aiming to use prior to the offer, but since she came back with this figure for the Wills, it has scared us off a bit. We have got another which was recommended, so subject to them being reasonable will use them I think.
So the "en tontine" works even if you don't have children, or is it for people with children, who do not wish them to receive theinheritance? We have no children, so just want a straight transfer over to the remaining spouse.

cyrian

Both "en tontine" or a marriage regime of "communaute des biens" will work.
Our notaire recommended the second option but others recommend the "en tontine". Both give co-ownership of the property. "Communaute des biens" gives co-ownership of all possessions - not sure but I think that "en tontine" only gives co-ownership of the property not other possessions.
A marriage regime is a simple declaration in front of a notaire which is published for a period of 3 months before becoming absolute.
There is a fee to pay for this registration - don't ask - I can't remember how much

dmu

Correct. "En tontine" is a contract which only covers the property in question. It's a contract that even unrelated persons can enter into and the last surviving party inherits the property. For a couple, I imagine a lot of family "discussions" take place if children are involved, but this isn't the OP's case.

jvc

The 800 euro part of what I thought was the cost of the Will is the "matrimonial regime". Does this sound right to anyone?

cyrian

I really can't remember how much that cost but it includes the fees for registering the regime in addition to the notaire's fee.

TinaBee

If you have no children, then as far as I know there is no problem with the surviving spouse inheriting the whole estate, unless either of you have parents still alive. If either of you have living parents then you would need a marriage contract, gift or will to ensure the surviving spouse inherits all. No other relatives have any claim on the estate (e.g. brothers/sisters). Also, I believe that notaires use a standard fee scale for any work, so going to another notaire may not help with the cost. There is information on fees here
http://droit-finances.commentcamarch...f-des-notaires
As I see it, you may not need to change your marriage regime, but a more simple gift (donation entre époux) or will, may be applicable (either option is likely to be cheaper than the change of marriage regime. Is your notaire aware that you do not have any children?