In blended families, the question of inheritance can be complicated to dissect. We explain to you what children can claim
In blended families, the relationship between in-laws and spouses’ children can be as strong as blood ties. But when the time comes to think about one’s will, affect is not a sufficiently clear language for the administration. It is sometimes difficult to understand what your spouse’s children are entitled to. On paper, already, if no additional steps are taken, they are considered foreigners. They will therefore not automatically be part of the list of your heirs.
If you wish to pass on a sum of money or property to them after your death, it is possible, but it could cost them extremely dearly in inheritance costs. By way of gift or will, the children of your partner will have to pay in almost all cases an exorbitant tax: nearly 60% the value of the goods collected. There are, however, ways to circumvent these rules. If you have children yourself, you cannot pass on what you want to those of your spouse. A part of the reserve will necessarily be reserved for your children, unless they decide to decline their due.
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Your spouse’s children can inherit from you
In order to make it easier for your spouse’s children to obtain a share of your inheritance, several more or less restrictive solutions are available to you.
- Plenary adoption : This is the most radical option of all and can be very difficult to implement. On the other hand, it is the only one that will allow the children of your spouse (with whom you must imperatively be married) to be considered exactly as your biological children. This assumes, however, that the other parent of the child renounces his parental rights, or is deceased, as well as the grandparents of the child. Be careful, even in the event of a break with the child, full adoption is irrevocable.
- Simple Adoption : less restrictive, simple adoption can also be a preferred solution for inheriting your spouse’s children. The advantage is that the child in question can remain the heir of his biological family. However, certain conditions must be met: he must be a minor at the time of the adopter’s death. If he is an adult, he must have been brought up uninterruptedly for at least 5 years of his minority by the adopter. Otherwise, it will also be subject to the 60% tax.
- Another possibility exists to allow the child of your spouse to inherit a sum, if you are not married for example, or if adoption is not possible. It is possible to subscribe a life insurance policy and designate him or her as beneficiary. If the contract was concluded before you turned 70, the child may receive up to 152,500 euros.