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parsnips

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Everything posted by parsnips

  1. [quote user="gosub"][quote user="parsnips"][quote user="gosub"]"When the first one of us passes on, can the other sell up and move back to England with the proceeds?"Not without having the correct marriage regimein place"Or will one or more of the blood relatives own part of the property?"  Yes[/quote] Sorry Gosub, but you are not correct, I translate from the "Le Particulier" Guide de l'Heritage,Dec 2006--"When the deceased leaves no descendent ,the extent of the rights of the surviving spouse depends on the ASCENDANTS living at the day of decease;parents ,grand parents, great grandparents....In the absence of any ASCENDANT the surviving spouse inherits the whole of the succession". The only exception concerns "family assets" passed to the deceased by his parents by donation or succession ,on which blood relatives may havea partial claim, this being a particularly french arrangement, it is very unlikely to apply in the present case.[/quote] She can not disinherit her child  and on the death of the husband, the daughter would be an inheritor with immediate effect without the proper regime being in place. If the mother dies first, then the merde could be heading for the fan. [/quote] Sorry gosub,       I fell into the common error(for a man) of assuming that the husband always dies first. If this were the case the situation would be as I described,but if the wife died first you are quite right. One solution would be the "Communaut√© Universel" with" attribution integral", at least for the house, with the daughter renouncing in advance the recourse to the "Action en retranchement". If there were substantial other assets this might be easier to arrange, or if the step-father was definitely going back to the UK  they could agree on some form of equalisation under UK Law.Much depends on how they all get on together; they should consult a Notaire, including the daughter from the first.
  2. Sorry about all that mess on the previous post--I used "Chrome" and either I or it didn't work properly.----Now it's put itself right!
  3. [quote user="gosub"]"When the first one of us passes on, can the other sell up and move back to England with the proceeds?"Not without having the correct marriage regimein place"Or will one or more of the blood relatives own part of the property?"  Yes[/quote] Sorry Gosub, but you are not correct, I translate from the "Le Particulier" Guide de l'Heritage,Dec 2006--"When the deceased leaves no descendent ,the extent of the rights of the surviving spouse depends on the ASCENDANTS living at the day of decease;parents ,grand parents, great grandparents....In the absence of any ASCENDANT the surviving spouse inherits the whole of the succession". The only exception concerns "family assets" passed to the deceased by his parents by donation or succession ,on which blood relatives may havea partial claim, this being a particularly french arrangement, it is very unlikely to apply in the present case.
  4. [quote user="gosub"][quote user="Angelite"]I know the subject of inheritance has been discussed many times, but I have not managed to find an answer to this question: Our marriage is my husband's only marriage, but it is my second.  My husband has no children, but a sister and nieces, and I have one daughter.  When the first one of us passes on, can the other sell up and move back to England with the proceeds?  Or will one or more of the blood relatives own part of the property? [/quote] I suggest that you read this thread for more info. HERE [/quote] If your husband has no parent living you will inherit everything even without a Will,sisters etc no longer have rights when there is a surviving spouse. If he has parent(s) living he can exclude them with a simple Will Olographe,leaving everything to you, which he can write himself( in english or french)--but best to have it drafted by a notaire and then copy, this is not expensive.
  5. When I started to recieve my uk State Pension I had to submit the  FD5 last summer ; I have long been taxed in France but having heard many tales of forms being lost by "the french", I sent it Racommand√© avec AR to the tax office. After about a month I phoned the UK office and was told it had not arrived, so I waited another 2 months and phoned again, still not arrived. I later phoned the local french impot centre who told me that 2 days after they recieved it it was sent to the "bureau des √©trangers" in Paris for onward transmission to the UK. I found the Paris phone number and (probably by a miracle) the person to whom it had been sent . She traced her record and told me it left her office three weeks after I submitted it and she was able to trace it until it left France for the UK the next day.  I then phoned the UK and was told it had not arrived -we were now in December, I then told them I KNEW it had been sent to them in September. I was then told "well, it may have arrived, but we won't know until it has been registered as arrived", I then asked where it might be, as I was  getting a little concerned, I was then told"  until we get round to registering them we put them all in a room"!!!                They finally confirmed it as having arrived several months later and it was eventually dealt with several months after that. It wasn't the delay that bothered me (as others have said, eventually everything gets paid back) - it was not knowing if the process  had even started.
  6. [quote user="Will"]So are you volunteering to do it?[/quote] When I have some time to spare I will try to find a good english version, and if not, will attempt to provide one . In the meantime,if anybody comes across one they can let us know.
  7. The present FAQ is in need of updating to take account of the radical reform brought in by the "loi du 23 juin 2006 ( en vigueur depuis le 1.1.07); this was the biggest reform ever and together with  the loi "tepa" du 21 aout 2007, dealing with succession taxes (amongst other matters) has completely changed tthe outlook in this area. I have found an explanation of the changes on www.notaires.fr--ma famille--L'Heritage--La reforme des successions, but cannot find an english version. I think this change is urgent because the present FAQ could lead to costly mistakes. 
  8. The notaire will calculate the CGT at time of sale(you could ask for an estimate beforehand--it might help to use the same notaire as for purchase) if there's no or little gain then there will be no or little tax.
  9. If it is going to get people back into productive work, then they will be creating wealth and paying tax and contributions----so why is it necessary to further plunder the savings of the prudent!
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