Inheritance to the wife

[Clair]

Abattements personnels sur les droits de succession

Conjoint survivant

Pour les décès survenus depuis le 22 août 2007, le conjoint survivant est exonéré des droits de succession. 

Attention ! 

 le conjoint survivant bénéficie d'un abattement de

76 000 EUR

 sur sa part pour les successions ouvertes si le décès de son conjoint est survenu avant le 22 août 2007. 

http://vosdroits.service-public.fr/F14200.xhtml?&n=Famille&l=N10&n=Succession

[Ron Avery]

So if the O/H does me in now she does not pay any tax on taking over the place?  And gets life insurance and half my pension???.  Better sleep with my eyes open in case I get a Dublin divorce[:D]. 

[Hedgie]

[quote user="Ron Avery"]

Isn't it strange that in all cases a  UK based "French lawyer"has recommended a method régime de communauté universelle that you have to pay them for when a simple clause tontine in the contract achieves the same thing for married couples with children. 

Of course it get complicated when there are children from previous marriages and that can get messy.  However, I like to know how you can be a UK based Notaire when Notaires work for the French state, business must be very slack until UK based property buyers come knocking[Www]

[/quote]

My understanding is that holding property 'en tontine' does/did not get round the tax question on the first death whereas if you go for regime de communaute universelle, there are no taxes on the first death.

Under the recent changes to estate taxes in France, this may have changed I suppose - does anyone here know?

[allanb]

That's correct. Technically, under communauté universelle (with the "attribution" clause, which I understand is a necessary part of it) the first death is not an event of inheritance: no inheritance, therefore no inheritance tax.

I also think - although I'm not completely sure - that "tontine" refers to a provision in a contract for a specific purchase, typically a house. I don't think it applies to all of a couple's assets, both present and future. Maybe somebody can confirm this.

[robkat]

Hi Guys

Have read all through this thread (& previous ones) I feel that the whole situation is a complete nightmare. There appears to be so many conflicting  rules & interpretations of these rules!  We have a house in 17 & hope to sell & move  further north this year. We bought this one 'in tontine'. We have both been married before & each have 2 grown up children by prevoius marriages, so will engage the best English speaking French Notaire we can afford when the time comes to move!! Just hope we live for ever to avoid these issues.......

Kathy

[tinabee]

[quote user="robkat"]

Hi Guys

Have read all through this thread (& previous ones) I feel that the whole situation is a complete nightmare. There appears to be so many conflicting  rules & interpretations of these rules!  We have a house in 17 & hope to sell & move  further north this year. We bought this one 'in tontine'. We have both been married before & each have 2 grown up children by prevoius marriages, so will engage the best English speaking French Notaire we can afford when the time comes to move!! Just hope we live for ever to avoid these issues.......

Kathy

[/quote]

Hi Kathy

I have spent many hours researching this issue which I can honestly say made my brain ache a LOT!!!  We finally found a reliable English -speaking Notaire who sorted everything out in an hour (hooray). However, I was glad of all the research because it made what he said make a lot more sense. We have quite a complex situation with children from a previous marriage and a house purchased through an SCI, but now I am happy and convinced we have made the right arrangements. Happy to point you to websites where I have found useful information if you want to email me.

TB

[AnOther]

We opted for communauté universelle and signed the document at the same time as completing the house purchase. There was no additional charge for it.

Bog standard couple on 1st and only marriage so no "complications" such as grasping step kids waiting for us to shuffle of this mortal coil [:P]