Property matters on death

[PaulT]

We currently own a house in France and before signing the Acte changed our marriage regime and my understanding is that at the moment it cannot be ascertained who owns the house but on the death of one of us the other is the sole owner. So no problems there.

Now our circumstances, we are married, have no children, my wife has nieces (her sister died a few weeks ago - see below), I have a sister, neices and nephews and my mother is still alive.

I have tried to get my head around this with a little research but still not clear - if, say, both of us were killed in a car accident, how legally would the proerty etc be 'divied' out?

Now, for my wifes sister and her brother-in-law. On the basis that women live longer than men they put the house, money, shares etc in to Lynnes name. However, as things went her husband survives her and there is no will. I always thought that in a case such as this it all went to the surviving spouse, but OH NO. So along with the grief and trauma of her death the brother-in-law has the problem that he will not inherit what is actually their joint properties etc. For our part we have an appointment with a Solicitor as we had never bothered with Wills. I do also realise that anything in France is not subject to an English Will and will be seeing a Notaire soon but would like to do it on an informed basis.

Thanks

Paul

[cooperlola]

The notaire is in the best position to advise you Paul, but IIRC, if you were both to die at the same time and intestate, your property would be divided up amongst your blood relatives.  If one of you dies intestate then, provided you have the correct marriage regime in place, the property would pass to the surviving spouse, and then, on their death to the blood relatives of the survivor.  Even with a will, it is virtually impossible to disinherit surviving parents and children.  But you can by-pass relatives like brothers, nieces, nephews etc in favour of non-blood relatives (in laws) or friends, but they pay a whopping great amount in tax (60%  if memory serves.)

Really it is best to ask a Notaire, and get them to draw up a will for you.  This privelege cost us 60€ so it's hardly bank-breaking but is important if, like us, you have no kids.

[Clair]

See this thread: http://www.completefrance.com/cs/forums/1262275/ShowPost.aspx

[parsnips]

Hi,

       Regarding your wife's sister and brother-in -law, I assume they are UK resident?  If so they made a common mistake,  and the brother-in-law came under the intestacy rules which restrict the amount going to the surviving spouse. Together with an erroneous belief that "common-law" wives have inheritance rights ,this misapprehension causes a great deal of grief in the UK.

       If they were french resident and there were children of the marriage, or of previous relationships , the children are entitled to their share, but the surviving spouse has ,at least, the right of residence in the family home.

       All these problems can be avoided by making oneself aware of the relevant laws and taking (usually cheap and easy) measures to improve the spouses position.

The time to arrange succession matters is as soon as you marry, or possess valuable assets, not to wait until you think you are "old enough" to make a will or other arrangement.

[PaulT]

Thanks Coops and thanks for the link Clair.

Parsnips, yes, it was in the UK and I will admit that I was of the belief that all went to the surviving spouse if you died intestate - now know I was wrong and wills being drawn up.

Shall be making an appointment with the Notaire when we are over for the French Wills.

Regards

Paul