Car in Joint Names to avoid succession problems

[Laurier]

I understood that a car in joint names  could automatically revert to the other person in the event of death without needing permission from any reserved heirs. Does anybody know that this is definitely correct?  I remember the subject has been covered before somewhere.

The reason I ask is that a widowed friend has been told by the Notaire that she must get permission from her late spouse's son to transfer the car into her sole name.Our own Notaire, who we were seeing on a different matter, also didn't know the answer.  I can't find a way to write to ANTS to ask as it doesn't fall into one of their FAQ.

When they say 'joint names', it seems the car is in the one name with the other person noted as the second owner/driver, etc;

Thanks.

 

[ssomon]

Information here https://www.service-public.fr/particuliers/vosdroits/F10613

[DaveLister]

I think having two names on the Carte Gris just means the surviving partner continues to have the right to drive the car while the succession is sorted. In order to transfer the car into single ownership I would expect that you'd need an attestation from the Notaire. Certainly when I took an old car to the scrapyard a few years back after my OH's passing they required sight of the attestation despite the fact it was in joint names.

I think this might help.

https://www.carte-grise.org/mode_emploi_succession.htm

[Laurier]

Thank you, Dave, that looks to explain exactly what is required.  I will print it off tomorrow and read it in detail.  Clearly not as easy as I thought.  SS - thank you, I think the link Dave has given is the one I need which refers to death and the succession.

I definitely need to read through it as I thought it was a clear cut transfer if both parties were on the title.

[Laurier]

That link you provided, Dave, is really useful.  However, I am still left wondering if there is any possible way we can register our new car in joint names so that it automatically reverts to the other in the event of one's death, i.e. a sort of 'en tontine' for cars!!

We both would want to take it over without having to revert to reserved heirs!  Is there a way to overcome that?

[DaveLister]

6 minutes ago, Laurier said:

However, I am still left wondering if there is any possible way we can register our new car in joint names so that it automatically reverts to the other in the event of one's death, i.e. a sort of 'en tontine' for cars!!

I'm no expert but I doubt it. IMHO it would need to be something covered by your marriage contract which always becomes complicated when there are reserved heirs. In my case, as there were no children involved, it was "relatively" simple to get the cars transferred to me. I'm guessing you would have to remove the cars from the general 'estate' for inheritance rules and I'm not sure if you can do that. I think a Notaire is your best bet.

[ssomon]

I think this would be covered by a Donation entre époux

I suggest you discuss it with your Notaire.

[Laurier]

8 hours ago, ssomon said:

I think this would be covered by a Donation entre époux

I suggest you discuss it with your Notaire.

Thank you SS.  I hadn't thought of that for covering the cars but it is indeed worth investigating.

In fact, it sounds that it may be a possibility - I will follow up with the Notaire. We will be seeing her shortly with our updated Wills. Many thanks for the suggestion. Definitely worth asking the question!

[DaveLister]

Let us know how you get on will you Laurier ?

[Laurier]

20 minutes ago, DaveLister said:

Let us know how you get on will you Laurier ?

Yes, of course.