How can i leave my french property to my second wife?

RECENT CHANGES TO FRENCH INHERITANCE LAW MAKE IT MORE DIFFICULT TO LEAVE FRENCH ASSETS TO A PARTNER WHEN YOU HAVE CHILDREN FROM A PREVIOUS MARRIAGE READER QUESTION: I AM A RESIDENT OF

FRANCE, I AM MARRIED TO MY SECOND WIFE AND HAVE FOUR CHILDREN BY A PREVIOUS MARRIAGE. OUR HOME IN FRANCE IS IN MY SOLE NAME. I WANT TO LEAVE ALL MY ASSETS TO MY PRESENT WIFE. CAN THIS BE

DONE UNDER A _RÉGIME DE LA COMMUNAUTÉ UNIVERSELLE?_ The _communauté universelle_ marriage regime can be used to place French assets into the marriage regime. These become assets of the

marriage rather than belonging to either spouse. On the death of the first spouse, the marriage ends, and the surviving spouse takes those assets. But as this has the potential to disinherit

children, the _notaire_ will have to inform them you are making this change and they have the right to object to it. If the children are from the marriage, French law will expect them to

inherit their legal share on the second death from their surviving parent, so they may consent to the regime. However, regarding children from outside the marriage as here, if their

step-parent inherits, they have no legal right to inherit on her death (and if they inherit under a will, they face 60% tax). As such, they may well object to the change. YOUR OPTIONS One

way to protect your wife would be to investigate possible ways to restructure the home’s ownership. Otherwise, you could sell and buy another, for example, making sure it is in both your

names. You could perhaps take the life interest, while she has the remaining legal ownership. Inserting a tontine clause is another option, allowing a surviving partner to take ownership.

However, these all incur significant fees for a _notaire_ to carry out the formalities. Until recently, foreigners could, by an EU law, opt to leave their estate under their home country’s

laws if they are more flexible. A 2021 French inheritance law means this is no longer reliable. Watch for updates on _The Connexion’s _website as it may face legal challenges. _Author: John

Kitching, French Law Consultancy. French Law Consultancy provides French legal advice_ RELATED ARTICLES IF I FOLLOW UK INHERITANCE RULES, WILL MY FRIEND STILL PAY FRENCH TAX? DOES A UK WILL

SUFFICE FOR A FRENCH/ENGLISH COUPLE LIVING IN FRANCE? HOW DOES NEW UK CIVIL PARTNERSHIP AFFECT RIGHTS TO MY FRENCH PROPERTY?