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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience:  11 years experience as judge at Paris Industrial Tribunal
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My wife and I are buying a second house in France. Our English

Resolved Question:

My wife and I are buying a second house in France. Our English wills allow either party to reside in our English home if one of us pops. We have 6 kids and step kids between us. I am older than Kathy. If I pop my clogs will she be forced to sell the French house and give the money to the kids? Regards, Denis
Submitted: 3 years ago.
Category: French Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Hi Nicola, OK with waiting but need an answer fairly soon. Regards, Denis

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Thegonnec replied 3 years ago.
If you pre-decease your wife, she will have the choice to either own 25% of your share of the French house, or have the full usufruct of it (lifelong right to use it).
Customer: replied 3 years ago.

The 75% I presume is the children's inheritance. We will jointly own the house in France. Kathy has 4 children from a previous marriage and I have 2. We have no children of our own. Who inherits what? Each gets one sixth if Kathy opts for the Usefuct option. Do we need a French will of is a UK will sufficient? I assume the same ruler operate if Kathy pops first. Denis

Customer: replied 3 years ago.

I asked for clarification about inheritance but have received no answer. My question appears to be classified as "Finished" when as far as I am concerned it is not, Denis

Expert:  Thegonnec replied 3 years ago.
Sorry but I was not notified of your request for more information.

The house is divided in 2 shares: yours and your wife's

My initial answer dealt with what happens to your half in case you die first: the 75% are shared equally amongst your 2 children.

If your wife dies first, the same applies. You keep your half and can opt to obtain 25% of her half. The 75% of her half remaining is shared equally amongst HER 4 children.

If your wife opts for the usufruct: she owns her own half and each of your 2 children owns a quarter of the house. Yet she can remain in the premises or let it and cannot be forced to sell.

If you opt for the usufruct in case she predeceases you: you own your own half and each of her 4 children owns a quarter of the house. Yet you can remain in the premises or let it and cannot be forced to sell.

If you both die: each of her 4 children will get 12,5% of the house (25% of her 1/2) and your 2 children will get 25% of the house (50% of your half)

This is what will happen if you have no French will. However, even if you have a French will, this will not change much as the law states that your wife's 4 children must anyhow inherit at least 75% of her French estate. And that your two children must inherit at least 66,66% of your French estate.

An English will not affect the inheritance of real estate assets located in France.
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience: 11 years experience as judge at Paris Industrial Tribunal
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