After a first union, it is difficult to guarantee the succession of your new partner, especially if children have been born from the previous relationship. To ensure material security, one of the most obvious solutions is that of marriage. If this guarantees part of the estate, it may however be insufficient. Other precautionary measures exist, including for couples who do not wish to marry. Here they are.
Marriage guarantees the future of one of the two spouses in the event of the death of the other. Indeed, with a classic union without contract, the survivor will be able to recover 100% of the estate in usufruct or 25% in full ownership (if his spouse has children in the first marriage), reports Capital. The spouse may also receive 50% of the property acquired by the couple, even if the deceased spouse paid for everything alone.
To further guarantee the security of the surviving spouse, it is possible to adjust the marriage contract by assigning “matrimonial advantages”: clause of unequal division or preciput. However, these advantages can be reduced in court if the children of the deceased consider them excessive.
Otherwise, it is possible to make a gift between spouses. This is indisputable and allows either to obtain 25% of the property in full ownership and 75% in usufruct, or the available portion, underlines Capital. If you ever do not want to get married, there are other measures to guarantee the material security of your current partner.
The rights granted by the PACS are limited in terms of succession. The survivor only gets the option of staying in the couple’s home for one year after the death of his other half. In order to increase the security of the PACS, it is necessary to opt when signing for the regime of joint ownership. All goods purchased by either will therefore be deemed to be 50% owned by both. However, in the event of death, the share of the deceased is recovered by his children.
The solution, according to Capital, is then to opt for two “crossed” wills. In this case, each bequeaths to the other his share of the community or his own property, without encroaching on the children’s reserve. This may be, for example, the housing share of the deceased. If you ever don’t want to settle, there is another way to ensure the succession of your other half.
To bequeath money to your new partner, life insurance is one of the solutions that does not involve marriage or PACS and which can just as well be added to it. By subscribing to a life insurance policy, you agree to pay periodic contributions to build up savings. The insurer must make your money grow in order to be able to pay a capital or an annuity to the beneficiary, here your partner. In the case of life insurance, children from a past union will not be able to oppose the amounts granted, reports Capital. In addition, the first 152,500 euros bequeathed are not subject to tax.
