What if....the unthinkable happens?

[Redcap]

Hi All!
As some of you may be aware Ann & I will be signing the Acte De Vente on Friday. We have arranged to change marriage regime to that of CU. What would be the situation should the worst happen after we have signed (hopefully not straight after!), that is we both died before we have had a chance to sort out some other arrangement for the children?

We had hoped to arrange for us both to adopt each others children as apparently, and I know no more that that, this would bring the stepchildren into the realms of 'blood relations' and therefore not be liable to the dreaded 60% tax.

But assuming all we have done is change our marriage regime, how would the property be divided, Ann has 3 children & I have 2, we have none between us. Funny what you think of laying awake at 3 o'clock in the morning!

Look forward you your views,



Regards,



Bob, & Ann (cos she's interested in this one!)

[Iceni]

B & A

If the "unthinkable" happens and you both drop off your perch before re-sorting marriage regime it will not be your problem, will it ? And worrying about it will surely make it more likely to happen.

John
http://www.iceni-it.co.uk

[Pucette<P><FONT face="Times New Roman" size=3>Pucette<FONT><P><FONT face="Times New Roman" size=3><P class=MsoNormal style="MARGIN: 0cm 0cm 0pt">"Qui ne connaît pas la campagne lhiver, ne connaît pas la campagne et ne connaît pas]

I stand to be corrected but in the absence of wills etc my understanding is that:
if you die simultaneously one half of the property will be divided between one spouse's three children, the other between the other spouse's two children
if you die one after the other the property will be equally divided between the children of the last surviving spouse

[Teamedup]

Have you got written permission from your grown up children to get a change of matrimonial regime and as you have a child that is a minor, if I have remembered properly. I do not believe that the tutor that would be appointed if something happened to one of you being very impressed that you have tried effectively to disinherit your child and may stake a claim against the estate to get your minor childs rights reinstated.

A CU is the british way, but it is not really the french way and your children may have the right to fight it and could end up winning. Children after all lose by the CU and that is why I personally do not know of one french family who have taken this or would take it.

All this has always worried me a lot, hopefully we will be out of the french system by the time one of us pops our clogs.