Inheritance Law

[JanintheGers]

Hello

I saw this, posting and just wanted to say that not all stepmothers are wicked.

In fact I have 3 stepchildren who are dying to get me out of my home here.

We were contacted by our Notaire, who informed us that the law is changing and soon we as expats will have the right to choose the law our wills will fall under, either the country of residence or the country of Birth. In our case England.

My stepchildren decided that they wanted their inheritance some 22 years ago and of course they got it. Now all we have is our pension and the house we live in
And they want a piece of that too. We have told them their is no more money, the reaction " tough you will have to sell the house when Dad dies"

Stepchildren are not always nice , Mine are in their 40's with their own homes and businesses.

[Leolioness]

I totally agree - people are not always nice especially where money is concerned. Has their father died? Was the house in your name? I am sorry you are in such a position.
I am think I am a reasonable person and I would never turf anyone out of their home - but where couples share children all children should be treated fairly and that is not the case in this situation.
My mother is also a step mother and she always shows consideration for her husband's children and grandchilden. What I am asking for is not unreasonable.

[JanintheGers]

Hello Lioness,

My husband is alive and although he is 75 he is well for his age

the house was bought in joint names and , this house is all I have to leave to our 14 year old daughter when I "pop my clogs" I would like it to go to her.

There has always been bad feeling, between his Children and myself, I have tried turning the other cheek, and that did not work. Thier Mother is still alive and is well heeled with her own home in Gloucestershire, so the Children of my Husbands first Marriage, will inherit plenty from her.
"incidentally, I met my husband 2 years after they divorced, and we have been married for 24 years" It was my husbands ex wife who walked out of the marriage, would you believe for a younger man !!! I am hoping this new law goes though smoothly, then I can have a peaceful
life knowing our daughter and I are secure should anything happen to her Dad.
Jan

[NewMexicanMove]

Originally Posted by Bevdeforges

French law on inheritance is very different from "anglo-saxon" law in this regard - and it's one of the biggest adjustments that expats have to make on taking up residence in France.

The roots of French inheritance go back pretty far. Though I've heard of this European directive on inheritance I very much doubt it's going to be in force in France any time real soon. Or if it is, there will be some serious resistance to it.
Cheers,
Bev

Bev,

I does look like the European Certificate of Succession will come into force in June. It's intended to allow citizens of one EU country resident in another EU country to elect that their wills be treated according to the law of their country of citizenship. I doubt there'd be much resistance in France, since it would have no effect on the estate of a French citizen dying in France, for instance, or an Italian in Italy. But it would change things for a French citizen dying in Italy. The UK isn't a signatory, but I believe France is, so that a UK citizen living in France might soon be able to elect that their estate be treated according to UK law - so no reserved heirs. (There will of course be tax implications of that, but that's another matter. In fact, the government could stand to get a much bigger chunk of any expat estate, which I'm sure they wouldn't be averse to!)

What with "diaspora" life, with people hopping countries like never before, and the huge increase in divorce, families ain't what they used to be! And eventually that'll trickle up to the legal system.... but I agree it could be a long wait!

[Leolioness]

Originally Posted by JanintheGers

Hello Lioness,

My husband is alive and although he is 75 he is well for his age

the house was bought in joint names and , this house is all I have to leave to our 14 year old daughter when I "pop my clogs" I would like it to go to her.

There has always been bad feeling, between his Children and myself, I have tried turning the other cheek, and that did not work. Thier Mother is still alive and is well heeled with her own home in Gloucestershire, so the Children of my Husbands first Marriage, will inherit plenty from her.
"incidentally, I met my husband 2 years after they divorced, and we have been married for 24 years" It was my husbands ex wife who walked out of the marriage, would you believe for a younger man !!! I am hoping this new law goes though smoothly, then I can have a peaceful
life knowing our daughter and I are secure should anything happen to her Dad.
Jan

Hi,
Your case is completely different especially as you are both the parents of your daughter. I have read something somewhere she has rights too. I am in a different position. I wish you well and do your research. If I don't manage to get anywhere I will let you know.

[Sede]

Originally Posted by Leolioness

I recently visited my sick father in France. My father remarried and retired from London life to France with his second wife. His wife has 3 adult sons from her first marriage and has always tried to keep my brother and myself as far away from my father as possible.

During my extremely emotional visit she told me that he has left everything to her and that she will be leaving it to her 3 sons. I was so shocked and upset I said nothing. I always thought that we would have a difficulty with this but I did not think this is possible.

If the house is in her name and he has left everything else to her is she correct?

Does it make a difference that before he was diagnosed they shared a house and since he was diagnosed they moved to a house and put it in her name (I think).

It is true what they say in the fairy tales!!

My understanding is that if your father entered into a marriage arrangement similar to the French communaute universelle, ownership of all property will pass to the surviving spouse. The matter of children and stepchildren inheriting is, to say the least, complicated. You need to ask these questions of a French Lawyer.

[NewMexicanMove]

Originally Posted by Leolioness

Hi,
Your case is completely different especially as you are both the parents of your daughter. I have read something somewhere she has rights too. I am in a different position. I wish you well and do your research. If I don't manage to get anywhere I will let you know.

No, it's the same position, just different roles. She's terrified that the children of her husband's first marriage will turf her and her daughter out of her house.

[Sede]

My understanding is that if your father entered into a marriage arrangement similar to the French communaute universelle, ownership of all property will pass to the surviving spouse. The matter of children and stepchildren inheriting is, to say the least, complicated. You need to ask these questions of a French Lawyer.
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[JanintheGers]

New Mexican Move,
This is what we were told, when our notaire called, however he did also say that it could be as late as 2014 if someone in the new government throws a spanner in the works. But he also added with a smile, that they will be far too busy sorting themselves out to bother about this.
Jan

[JanintheGers]

Good Luck Leolioness,

Hope your problems are sorted soon. I know how stressfull these disputes can be.