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Inheritance laws in France


Colin
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Can anyone help me through this potential minefield PLEASE. We hope to make a permanent move to France soon to retire and would like to buy our French house in my wife's name only. We have one daughter together and I have 4 adult children from a previous marriage. I would like to know if my 4 adult children could have any claim on the property when I die. Currently we would like our daughter to inherit the propery alone. Is this possible under French law
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You'd have to see a lawyer to make sure, and you'd probably have to be able to prove that your wife bought the house alone with only her money, otherwise your four children would have a claim.  Then you'd have to bank on the idea that you would die before your wife, because otherwise you would inherit half with your daughter, and that half on your death would be split between your five children. So your daughter would own her half, from her mother, plus a fifth.  Basically, what you suggest only works if you die first, and your children are unable to make a claim because it really only belongs to your wife. That's how I understand it anyway, but you do need to take advice.

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Yes, if you buy the house in your wife's name only then eventually it will be inherited by your daughter. We are in the same position and, unfortunately, bought our house in joint names 18 years ago. Once in this position, it's a minefield to get out of!! We know several people who have done what your proposing and, so far, everything seems OK. I just wonder what would happen if your wife predeceases you and your daughter is 18 and doesn't want dad living in her house......................I know it's morbid and seems like a scenario that couldn't happen but you should take all these things into consideration.

Maybe someone else has some more to say on this?

Lucinda  

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I have been chatting a similar issue through with our Notaire.

She was insistent that I did not tell her the basis of the cash that my wife would use in the purchase of a house in her sole name.  The reason we approached it this way was that I do not have children but elder brothers and who do not need any benefit from what I am doing here in France.

However be careful for as other contributors state olde Napoleon drafter things in such a way that one cannot disinheret ones children.  Of course good logical reasons for so doing but here in France its difficult.

I would take the best advice I could afford and take it as part of the investment process.

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[quote user="Llwyncelyn"]

I have been chatting a similar issue through with our Notaire.

She was insistent that I did not tell her the basis of the cash that my wife would use in the purchase of a house in her sole name.  The reason we approached it this way was that I do not have children but elder brothers and who do not need any benefit from what I am doing here in France.

However be careful for as other contributors state olde Napoleon drafter things in such a way that one cannot disinheret ones children.  Of course good logical reasons for so doing but here in France its difficult.

I would take the best advice I could afford and take it as part of the investment process.

[/quote]

I thought one of the things that was changed by Sarkosy in his recent amendment of the inheritance laws was that brothers and parents are no longer compulsory heirs if there are no children. They will inherit part of the estate if you do not have a will - but if you have no children you can now leave all of your estate to wife/husband - and furthermore with no tax to pay at that point!! You still cannot disinherit your children from this or a previous marriage.

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