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inheritance again


Blodwyn
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Sorry to come back to the subject but I think my question is slightly different than the last one so I decided not to tag onto it.

I thought the new inheritance law - that you can make a will according the UK law - only applied to residents of France. (Because the UK didn't sign the treaty).

My friends' situation is: They live in England. The husband bought the French holiday home before they were married but although they jointly paid for it, it is in his name only. He has children from a previous marriage and I'm guessing they would be entitled to at least half the value of the house?

My friend is worried about this, and a bit fed up as she made a large contribution to buying the house, her husband's children won't talk to her - and hardly ever contact their father even though he is seriously ill. Is there anything at all that can be done so the wife can inherit the French house completely?

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I would hazard a guess that unless they something about it, then his children will own it outright when their father 'goes'.

Why on earth was her name not on the paperwork if they paid for it jointly...... especially buying in France? Not a 'clever' thing to do, at all.

This couple need to talk to notaires, at least one and see how they can sort this out. Could mean getting her name on the house, but that would incur the same taxes and notaire fees as if they were buying from scratch ..... and could be well worth it IMO.

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Looking at the other thread and this lady may have some cover, but, she REALLY needs legal advice as this was bought pre marriage.

If they jointly own property in the UK, then perhaps she can use that as leverage with the kids, ie, mess with me now and you'll get not a penny more later........ or something along those lines, perhaps?

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[quote user="Blodwyn"]Sorry to come back to the subject but I think my question is slightly different than the last one so I decided not to tag onto it.

I thought the new inheritance law - that you can make a will according the UK law - only applied to residents of France. (Because the UK didn't sign the treaty).

My friends' situation is: They live in England. The husband bought the French holiday home before they were married but although they jointly paid for it, it is in his name only. He has children from a previous marriage and I'm guessing they would be entitled to at least half the value of the house?

My friend is worried about this, and a bit fed up as she made a large contribution to buying the house, her husband's children won't talk to her - and hardly ever contact their father even though he is seriously ill. Is there anything at all that can be done so the wife can inherit the French house completely?[/quote]

Hi,

   They must consult a good english speaking notaire .

   The UK law thing is a bit of a red herring , as french real estate always passes under french inheritance law and taxes.

   If she can provide proof of her financial contribution the notaire may be able to put the house into indivision proportionately.

 I think the husband could give the house (or his part if in indivision) to the wife ; there would be notaires fees and possibly gift tax - 80 770€ tax -free , then usual family rates.  As all are UK resident , I don't think the stepchildren would be likely to bring or to gain a french court action to dispute the gift .

   In any case , speak to a notaire.   

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