Still confused about wills!

[Blodwyn]

In the current edition of The Connexion a reply to a question seems to suggest an English will would be appropriate for us.

We are happy for our children to inherit anything that's left when we've both popped our clogs. As far as I can work out, the property would go to the survivor (as it's en tontine) but anything else including cash in the bank, would be split between the survivor and the children.

If OH goes first, my income will be less than half our joint one, so we'd like everything to go to me (or him). Can this only be achieved with an English will?

Also, I worry what would happen when we both die as our kids live in the UK, have no money to pay any inheritance tax (which I gather has to be paid before they get their inheritance?), don't drive and don't speak French and would have a terrible time trying to organise a funeral in 6 days.

[andyh4]

I think that if you sign a donation entre epouses that should solve the issues of non-property inheritance.

Regarding next of kin organising everything, I am afraid the only thing I can suggest is that you carefully explain to them the problems they could face - in the hope they might do something about it. I am not sure whether finding an English speaking notaire would help at all.

[Blodwyn]

Thanks Andy. We will contact a notaire. There is an English speaking one a few miles away; we manage OK in French but it would be simpler.

I'm trying to think of ways to make things easier for our children when the time comes. I have no plans to return the UK, which would probably be the simplest option...

I guess getting rid of lots of our stuff and going minimal would reduce the burden of clearing the house! As for the pets.... oh dear.

[idun]

There is also this article on the side of this very page, under Most Read.

http://www.completefrance.com/french-property/law/how_do_eu_inheritance_laws_impact_me_1_4666540

A few things seem wrong on the article, to me, at least, but for the most part it seem clear.

[Blodwyn]

The notaire says there are two options. An English will, which could be expensive and the solicitor would have to contact a notaire to sort out French tax.

Or we could cancel our tontine and replace it with (I've forgotten what she said it's called) a document leaving everything to the survivor. Not cheap either.

If we do nothing, we'd trust our children to renounce their inheritance on the death of the first of us. I can't imagine them insisting on their share immediately but I suppose people can behave unexpectedly.

Apparently the thing about renewing our marriage status after 10 years in France only applies to marriages after 1992,

[Loiseau]

Re the children holding fire before taking their inheritance, Blodwyn, I said the same to my notaire 16 years ago and he countered that you never know what could lie 10 years down the line in the way of bitter divorces etc. He had seen it all, he said.

I took his advice - though, happily, I can report no family upsets so far.

Angela

[EuroTrash]

If you have several children, they shouldn't have a lot of tax to pay each unless it's a very high value property. Each child in the direct line has a generous allowance before they have any liability, and of course they only pay tax on the share they inherit. So if you have 3 kids who all belong to both of you, each with a 1k allowance, then up to a property value of 300,000€ there would be no tax to pay. Also, depending on how it all works out, if they inherit from one parent first and then from the other parent at a later date, I think they would get this allowance each time - so nothing to pay up to a total value of 600,000€. But I don't know if the tontine clause would change this.

[nectarine]

A tontine gives the survivor absolute ownership of the house. Re. deceased assets ... depends on how close your family is really. An English will quoting the relevant regulation will cost around 80euros and leave everything absolutely to the survivor. Ensure any English life insurance policies are put in trust for the (named) survivor. Don't put "my wife" but put "my wife Jane ...". Will the family support the survivor without squabbling or demanding something? That's important to know. Also, put all your important papers in order, put together a file of them and tell your children where they are, everything. Plus passwords, bank access codes, etc. The works.

[Blodwyn]

Good advice Nectarine, I've started listing banks accounts and possessions - we have no items of much value but bits can add up. The furniture isn't worth taking g back to UK, that's for sure, and the car we have at the moment isn't worth much. I plan to give them each a key too.

Only 2 kids, so house, possessions and savings could come to more than 100k euros each, depending how things go.

[nectarine]

A will quoting the relevant European legislation (I think it's Article 650/2012), inserted in a will, stating that you want UK law to be applied to your will as the UK is the state of your nationality, will override French inheritance rules. So if you say everything to the survivor, they will get it all absolutely. Of course if your surviving partner was to meet a young filly and decide to marry her and leave her everything then your kids would get nothing but that's an onwards problem. But if you are a close family and want your children to inherit eventually but trust that the survivor will take all steps to protect their inheritance then I'd say go for an English will.

[Blodwyn]

Yes! That was mentioned on 'Rip Off Britain'. Father died, having agreed with 2nd wife that his son would inherit something, she changed her will to disinherit him and nothing could be done. I've told OH that if he finds someone else and disinherits our children, I will haunt him for the rest of his life! Actually I could make a will leaving something to the kids, just in case.