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Property in France - Help!
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tristinh
Posts: 106 Forumite
Hi all,
Not sure on anyone on here has any experience of this or knows someone who does, but we are struggling to get any professional advice.
My mum and step dad are buying a property in France. They are very clued up on it all and have had an offer accepted on a house. :T
The issue they have is with the legalities regarding inheritance as they both have 2 children from previous marriages. The system in France is different to here, they have 2 options presented to them:
If one of them dies the property is split between the surviving spouse and the children of the spouse who has died's 2 children, or it goes in it's entirety to the surviving spouse. BUT with the latter, when the surviving spouse dies, the whole estate is split between their two children only.
What they want is for the french estate in it's entirety to go to the surviving spouse, but when they die, for the french estate to be split between all 4 children.
Here in the UK, this is relatively simple, but the Notaire in France can't seem to get his head round it (my mum is fluent in French). She has contacted numerous solicitors here in the UK too, but they either aren't responding or can't grasp it. :eek:
I have suggested we just form a legal agreement or pact between me and my brother and 2 step brothers here, but not sure if that will stand up?
I realise this is a long shot, but does anyone have any experience in this or know a solicitor who deals with or has dealt with this in the past? They can't be the first couple in this situation!
Thank you in advance for any info you can offer!!
Not sure on anyone on here has any experience of this or knows someone who does, but we are struggling to get any professional advice.
My mum and step dad are buying a property in France. They are very clued up on it all and have had an offer accepted on a house. :T
The issue they have is with the legalities regarding inheritance as they both have 2 children from previous marriages. The system in France is different to here, they have 2 options presented to them:
If one of them dies the property is split between the surviving spouse and the children of the spouse who has died's 2 children, or it goes in it's entirety to the surviving spouse. BUT with the latter, when the surviving spouse dies, the whole estate is split between their two children only.
What they want is for the french estate in it's entirety to go to the surviving spouse, but when they die, for the french estate to be split between all 4 children.
Here in the UK, this is relatively simple, but the Notaire in France can't seem to get his head round it (my mum is fluent in French). She has contacted numerous solicitors here in the UK too, but they either aren't responding or can't grasp it. :eek:
I have suggested we just form a legal agreement or pact between me and my brother and 2 step brothers here, but not sure if that will stand up?
I realise this is a long shot, but does anyone have any experience in this or know a solicitor who deals with or has dealt with this in the past? They can't be the first couple in this situation!
Thank you in advance for any info you can offer!!
0
Comments
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where my mother and father in law is in france it all goes to the eldest son.now proud mum to 3 handsome boys :j latest one born 10/10/11:j0
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when the surviving spouse dies, the whole estate is split between their two children only.
I think that this only apply if the surviving spouse does not leave any will.
If he does leave a will the estate will be divided accordingly, with the limitation that his own children are entitled to receive a minimum share. The caveat is that (after a quick googling) the minimum share, called "reserve hereditaire", reserved for the children is 2/3 of the estate if there are 2 children (ie. 1/3 per child).
My understanding is that the children can renounce this and thus allow the estate to be split equally as seems to be the aim here.
This is all based on this article in French:
http://droit-finances.commentcamarche.net/contents/transmission/ds20-reserve-hereditaire-et-quotite-disponible.php3but the Notaire in France can't seem to get his head round it (my mum is fluent in French).
Seems a pretty standard situation nowadays with the large number of divorces, so I'm surprised that no "Notaire" could advise you.0
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