Inheritance

[Jo]

[quote user="Polly"][quote user="Judith"][quote user="AnOther"]I wasn't being patronising in the slightest Judith, you made a very sweeping comment which I countered, nothing more.

......

As for being in the minority, compared to the current generation perhaps, but in terms of those of a similar age (59), amongst the couples we know, both here and  in UK, we are most certainly not.

[/quote]

OK, sorry, but somehow it did sound like that to me.  Whilst I agree that it was a sweeping statement, there do seem to be a lot of couples I know, who are all in the age bracket you mention (or thereabouts), who are on second marriages, so with that and the posters on the forum, it was I think an educated guess.  And I am sure that I have seen stats that say second marriages are more and more common .....

[/quote]

Maybe we need a poll on the forum to find out! But then it would have to cover up to how many marriages per person, and if it only dealt with marriages rather than same-sex partnerships would we all get told off?

Is forum membership representative of the country? And which country? Most, but not all, posters seem to be in France or the UK.

[/quote]

Married 3 times ........... to the same fella[8-)] some of us never learn[:D][:D][:D] All the kids are ours and we were advised to change our marriage regime to comm. (can't spell it!!)

[Will]

The other thing to bear in mind is that laws do change; not radically or quickly, but they still change. WJT's advice in 2004 about the communauté universel was no doubt good then, but now, once again, the simple tontine achieves much the same result without the previous tax problems, without other potential problems associated with a change of marriage regime, and at much lower cost.

The important points are that there is no one-size-fits-all solution, proper legal advice is essential, and notaires do vary in their helpfulness and standard of advice.

[ryanroo]

Hi

I read your message with some excitement I don,t know your personal circumstances but I have been trying to find a way that will pass on our estate to our chidern, I have 2 children in the UK from a previous relationship who I don,t want to benefit ( it is a long story!!) we intend to move in the next few years .

Rob

[idun]

Be very very careful about trying to disinherit kids, nigh on impossible unless you actually own nothing. And then ofcourse if you fall out with the person who has everything in their name, or they die first, you could end up being right in la merde.

It has not been unknown for kids to sue to get their inheritance.

[parsnips]

[quote user="ryanroo"]Hi

I read your message with some excitement I don,t know your personal circumstances but I have been trying to find a way that will pass on our estate to our chidern, I have 2 children in the UK from a previous relationship who I don,t want to benefit ( it is a long story!!) we intend to move in the next few years .

Rob[/quote]

Hi,

    I don't know what message you refer to (maybe you meant to post a PM?) but if, as seems to be the case, you are still UK resident, a method you could use is to put all your personal and joint  possessions in your wife's sole name  BEFORE you move to France , and buy any house here in her sole name. This would ensure that on your death there would be very little in your personal estate, and on her death the children of your present marriage would inherit everything from their mother--your other children having no claim on her. 

[Mikep]

A tontine seems to be recommended quite often, but as I understand it there is one big disadvantage - because the property passes to the spouse, you fail to use the childrens' tax-free allowance of 156,974 euros for each child on the first death, unless you have a substantial estate in addition to the property. If inheritance tax is likely to be an issue, you may be creating a bigger problem on the second death. As far as I can find, there is no "transferability" of allowance from fist death to second, as was introduced in UK a few years back.

As usual, there's no substitute for understanding the rules yourself, even if it is horribly complicated!

[parsnips]

[quote user="Mikep"]A tontine seems to be recommended quite often, but as I understand it there is one big disadvantage - because the property passes to the spouse, you fail to use the childrens' tax-free allowance of 156,974 euros for each child on the first death, unless you have a substantial estate in addition to the property. If inheritance tax is likely to be an issue, you may be creating a bigger problem on the second death. As far as I can find, there is no "transferability" of allowance from fist death to second, as was introduced in UK a few years back.

As usual, there's no substitute for understanding the rules yourself, even if it is horribly complicated!

[/quote]   

     Hi,                                                                                                                                                                                                                                                                         The tontine would not solve ryanroo's problem ---what if his wife died first?