Tony F Dordogne Posted June 17, 2006 Share Posted June 17, 2006 I suspect this may only be finally answered by lawyers but here goes:Scenario: new husband and wife with children from previous relationships with property in France, wife and her child with previous husband die. New husband, wife's son by another previous relationship and his children by previous relationship all extant.Do the rights of ownership of the dead child to a share of the property when her mum dies disappear to be shared by her brother and other half-siblings or do her rights revert to her biological father who is technically her next-of-kin? Link to comment Share on other sites More sharing options...
hastobe Posted June 17, 2006 Share Posted June 17, 2006 Under UK law there are special rules which apply when there are simultaneous deaths. These rules determine the deemed order of death and hence how the rules of intestacy / inheritance tax apply. I would imagine it is a similar situation under French law and there is a deemed order of death / inheritance pattern. As you suggested, I think you would need to take the advice of a French lawyer.Kathie Link to comment Share on other sites More sharing options...
scalehill Posted June 19, 2006 Share Posted June 19, 2006 The way I understand it, under French law, when deaths occur en masse as with a car crash, each person is deemed to have lived sufficiently long enough to inherit. This as distinct from UK law where most Wills carry a 28 day period of surviving the deceased. When I checked out my own situation on this, which is not dissimilar, I was told that my ex-wife might end up scooping the pot.http://tinyurl.com/r8s8q Link to comment Share on other sites More sharing options...
hastobe Posted June 19, 2006 Share Posted June 19, 2006 Its probably not relevant (hence not mentioning in the first post!) but the rules in the UK are:If two or more persons die in circumstances in which the orderof their deaths is uncertain, for example in a road accident, thedevolution of their estates is governed by s.184 Law of PropertyAct 1925.This providesthat the deaths are presumed to haveoccurred in order of seniority so that the younger is presumed tohave survived the elder,butthis is subject to any court order,andwhere the deaths are of husband and wifeor civil partners and the elder diedintestate, the intestacy rules apply as if the younger spouse orcivil partner had not survived the elder.Kathie Link to comment Share on other sites More sharing options...
Benjamin Posted June 20, 2006 Share Posted June 20, 2006 TonyI sent you a PM yesterday attached to the original PMs between us but I'm not sure if you got it.Benjamin Link to comment Share on other sites More sharing options...
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