biggles Posted July 13, 2007 Share Posted July 13, 2007 Request for advice re an unmarried couple please. Previous answers to similar posts seem to have centred on married persons and pre-2007 law change.The aim - To ensure the French property about to be bought is left to the surviving partner while trying to ensure any future inheritance tax is kept to a minimum. The circumstances - We are unmarried, both in our 50's with a daughter of 22 and son of 19 and live in a house in England purchased in joint names. As far as we can foresee, England will continue to be our principal place of residence based on the greater assets and greater length of time spent there.It is more likely that (eventually) our daughter or son would sell the French property rather than retain it, but even more likely that the surviving partner would sell it before that eventuality.Our separate English wills stipulate the French property should be left to the surviving partner then equally to our children.The questions -Is there any benefit in the French house being purchased in the name of either one of us, or both, and why? In the light of the recent 2007 law change is either a tontine or en division (or other) clause inserted in the Acte de Vente recommended for our circumstances?Is there any point making a French (joint or separate?) will to complement our current separate English ones and if so should the French will/wills state the French property is left (solely) to the surviving partner?What other factors (if any) need to be considered?Thanks in anticipation of all helpful contributions. Link to comment Share on other sites More sharing options...
andyh4 Posted July 13, 2007 Share Posted July 13, 2007 I am certainly not an expert, and I doubt you will find one.I assume both children are jointly yours and not from previous marriages/relationships. If the latter it can complicate things even more. En tontine has a strict financial limit for the inheritance benefits that it brings (ca 76k€) and with today's property values now has hardly any real value.In French law you cannot leave your proporty to anyone you like - such as your partner or the mother of your children - relatives take precendence, and that means your children (so if a child lives with you but is not actually yours, you can see where the difficulties start - adoption being the answer to this one - even adult children). Even in your relatively uncomplicated position I would suggest the advice of a french notaire or solicitor with a great deal of knowledge in French inheritance. Link to comment Share on other sites More sharing options...
SC Posted July 13, 2007 Share Posted July 13, 2007 [quote user="andyh4"] tontine has a strict financial limit for the inheritance benefits that it brings (ca 76k€) and with today's property values now has hardly any real value.[/quote]Andy-According to our notaire, if the draft inheritance bill becomes law then there will be no succession tax payable on property owned with tontine passing between spouses . According to an article in August LF, this will also include partners who have entered into a PACS (Pacte civil de solidarité - partnership contract). This may re-establish the tontine as the method of avoiding forced succession of choice.Steve Link to comment Share on other sites More sharing options...
andyh4 Posted July 13, 2007 Share Posted July 13, 2007 See, I said I was no expert Link to comment Share on other sites More sharing options...
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