Unfortunately, although a lovely area in the south, I’d be stuck, in the countryside minding my back too … Above all I need the NHS here as in December ’ 22 I was admitted to ICU and was in hospital for six months thereafter. I also couldn’t bear my sister’s company.
I live in London so can access a Notaire here. It’s been suggested that perhaps the notaire has been manipulated by my sister and that thought had crossed my mind, There are two equal co heirs but he’s not keeping me informed. I need to sign the final settlement.
French Inland Revenue was on both our backs last year. Thanks to my sister’s non action we both owe(d) 60K euros in interest alone … She appealed and lost but I wasn’t given the option of appealing which I would have won given my circumstances.
I haven’t been able to find out from the lawyer or notaire whether the tax has been paid and if so, how? There’s very little in the two French bank accounts, the larger amount is in the company account … My sister is not part of the company but I am. The company would have to be dissolved and again the notaire has not directed me in this …
All in all I’m going to lodge a complaint against the notaire
When we drew up our French wills, the notaire asked us if we had any children, and we confirmed neither of us had any children…The notaire then produced the wills giving all French property to the surviving spouse.
We asked if there was anything needed to formalise that confirmation and she said no, not until there is an actual death (!) for the notaire to get involved with.
At that stage, (ie post a death) for foreign couples where there is no realistic practical prospect for the notaire of being able to double check information overseas with any reliable official sources (good luck with trying the Benefits Agency or some resource stretched council’s social services!) or official documentation, a sworn declaration/affidavit (as Vero suggests above) is all that would be needed at the time. Hopefully that might in part reassure Helenochka and Sue?
We are in the same situation, married with no children. Something I haven’t seen discussed is what the law states if both die simultaneously, i.e plane crash etc. I know what the UK law is in that situation (oldest has died first), but does anyone know what the law in France says ? I’m assuming a condition for this may be written into a French will but maybe not.
I was told years ago that, in an accident for example where both spouses died, every effort would be made to establish which spouse died last because that person would have (albeit briefly) inherited from the spouse who died first.
This could be relevant in cases for example where the couple were deemed to be married under the « séparation des biens »
regime, whereby everything would then go to the blood relatives of the last spouse to die.
Our French will covers the scenario where one of us dies. But also what happens after we both die.
As regards trying to trace any kids one might have neglected to mention, that’s surely too barmy even for the French administration. For a start, any such practice of conducting a genealogical investigation would have to apply to everyone. And not just allegedly childless couples. For why would a couple with officially declared kids be any less likely to have one stashed away in another country that they haven’t mentioned?
En cas de décès simultanés, comme dans un accident de la route, la détermination de l’ordre des décès peut être cruciale pour les droits de succession. En droit français, l’article 725-1 du Code civil stipule que si l’ordre des décès ne peut être déterminé, chaque succession est traitée indépendamment, sans que l’un des défunts ne puisse hériter de l’autre.
Il existe deux scénarios principaux :
Décès à des moments identifiables : Si l’on peut déterminer l’ordre des décès (par exemple, l’un des époux meurt sur le coup et l’autre plus tard à l’hôpital), la succession suit cet ordre chronologique.
Décès simultanés : Si l’ordre des décès ne peut être établi (par exemple, dans un incendie où il est impossible de savoir qui est mort en premier), chaque succession est réglée séparément. Les héritiers de chaque défunt héritent directement, sans que l’un des époux ne puisse hériter de l’autre.
Ces règles visent à éviter les complications et les conflits dans la dévolution des biens.
That’s good to know. We will be seeing a notaire about our will shortly.
It may be a case of one not wanting to declare a child to the other, maybe had a child very young and never mentioned before. This happened in our family when my father found out his ‘mother’ was his aunt and his ‘aunt’ was his mother. Also if no checks were made, it could be very easy to disinherit a child.
The time will come when everyone in France must be DNA tested and logged accordingly, even for foreigners applying for an entry visa. I am not complaining, I knew the rules before I came here but that doesn’t stop me from thinking that the whole business is ridiculous.
Thus, as I have said before, I am ignoring it and, apart from maybe making some large monetary gifts to my son from time to time, I will leave it to others to sort out after I am gone.
Incidentally, during my long video conversation with him yesterday, he, plainly worried about me, suggested that I emigrate to Thailand when he goes back to live and work there in a few months time. I couldn’t live in a place where I don’t understand the local language though, and I am not going to learn Thai, that’s for sure, but listening in bed last night to the Archers, as is my wont, I was astounded by a new story line.
An elderly (80 something) widower has a son living in Singapore and as said oldie had recently had a bad fall, said son suggested that he come to live in Singapore with him.
The only difference between us is the fact that he said he is going to go.
I see that. Probably a not uncommon situation. And it only reinforces my point that if French notaries DID do genealogical studies as a matter of course, common sense dictates that they would have to do them for everyone. And not just childless couples.
