Does someone know the answer or can recommend a French lawyer who will?
My aunt (in France) has received money from her husband.
In the will, he has requested that she gives money from this amount to a son. Let’s say 100,000. The Notery says she must send the son much more money as the son will pay tax and the son should receive 100,000 Net ?
Is this a true statement? I would assume the opposite, she should only transfer the amount stated in the will, and the son would be responsible for paying his own tax,
You talk about a Notery. and financial lawyer… so I’m wondering what country is dealing with the Husband’s estate…
In France, we have Notaires… who deal with these things.
To the best of my knowledge, when a sum is bequeathed… that’s it… the sum is due to be handed over (not more)… unless there is a specific stipulation otherwise… and I believe the Notaire will ensure that whatever Tax is due… is kept back from that sum … not paid by your Aunt … ???
I suggest your Aunt speaks with a different Notaire…
(is it possible your Aunt has misunderstood her Husband’s Will … and/or the Notaire?)
Does the Aunt have a friend who speaks English/French and who can go with her to the existing Notaire… to check that a mistake/misunderstanding has not occurred… ???
I expect that with so many situations like this, there is a lot we do not know - in particular, is the son a son of both, in which case the will has been badly drafted as one can leave up to 100k to relatives without impunity. As it is, the son gets 100k and pays tax on it regardless. I cannot see a notaire reading it any other way - maybe it is the notaire who is the son and realises what he is in for…
I have just re-read your post and I think I see where the problem may lie.
Husband bequeathed money to wife, which is all well and good and no tax to pay. She now “owns” the money.
But then husband asked wife to subsequently give money to “a” son. If this is the son of the husband only then will have no blood relation to the wife. So apart from a small amount, I think around €10k, the son will have to pay 60% tax.
If this is the case the first notaire is correct.
She could perhaps discuss with the son the idea of putting this money in an assurance vie with him as a beneficiary, so on her death he will get far more!
This sounds like the situation… we now need to learn if she is obliged to send him money including his tax liability… or she’s only obligated to send the amount stated in the will…
Anyhow, ill let everyone know the outcome in due course…
For sure I will let you all know the outcome of my further investigation))
I have just re-read your post and I think I see where the problem may lie.
Husband bequeathed money to wife, which is all well and good and no tax to pay. She now “owns” the money.
But then husband asked wife to subsequently give money to “a” son. If this is the son of the husband only then will have no blood relation to the wife. So apart from a small amount, I think around €10k, the son will have to pay 60% tax.
If this is the case the first notaire is correct.
She could perhaps discuss with the son the idea of putting this money in an assurance vie with him as a beneficiary, so on her death he will get far more!
But then husband asked wife to subsequently give money to “a” son. If this is the son of the husband only then will have no blood relation to the wife. So apart from a small amount, I think around €10k, the son will have to pay 60% tax.
Seems a reasonable précis of the likely situation.
If this is the case the first notaire is correct.
I’m tempted to say why?
If 100k€ gross is given to the son, then the husband’s instructions have been followed to the letter. If the son has to pay tax then tant pis surely?
IF the will had said 100k€ net of tax that would be different.
Because there is a massive difference in french inheritance terms between a blood relative and a.n.other. If money had been bequeathed directly to son it would not have been a problem. But if it was given to wife on the understanding that she would then pass on to son it breaks the blood link. And allow the blood suckers access!
If this is the case, and it may not be as just my assumption, then drives home the importance of taking proper advice in a situation that is not completely standard.
Because there is a massive difference in french inheritance terms between a blood relative and a.n.other.
Yes I appreciate that.
If money had been bequeathed directly to son it would not have been a problem. But if it was given to wife on the understanding that she would then pass on to son it breaks the blood link.
But that doesn’t explain why the Notaire felt the amount should be paid net.
JaneJones:
If this is the case, and it may not be as just my assumption, then drives home the importance of taking proper advice in a situation that is not completely standard.
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Janstuart:
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JaneJones:
