Mixed family inheritance: can the spouse’s children inherit?

Your new spouse’s children are not automatically included in your estate. However, there are solutions to transfer part of your assets to them. We list them in detail for you.

Capital Video: Mixed Family Inheritance: Can Spouse’s Children Inherit?

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Since your partner’s children are not part of your list of heirs, they are considered foreigners by law: not only will you not normally be able to pass on what you want to them (a share hereditary reserve your children must be respected) but will suffer a very heavy tax impact on the assets they received. But there is a way to largely escape these limitations, and not just through the radical solution of adoption.

Gifts and Wills

You need to be careful not to touch the share of the reserve that you owe your children. With a gift or will, the result is identical: your partner’s children pay an exorbitant tax of 60% on the value of the goods taken (after a simple reduction of 1,594 euros). Certainly, by retaining the usufruct of the property you will reduce the amount of payment entitlements, for example by 50% if you are between 51 and 60 years old. But the bill will remain high. And you’ll still need to be careful not to reduce the inheritance you owe your children, or failing that, ask them to officially give it up.

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Also read: Authentic will: how to write or cancel it

Family Pact

To suit you, your children can give up their share of the inheritance. If you want to make significant gifts or inheritances to your partner’s children despite the tax disincentives, you can ask your own children to give up their rights to your assets by signing a ‘family agreement’. In this document, which must be certified by two notaries, they declare that in the event that your gifts and inheritances interfere with their share of the reserve, they will not initiate any legal action (we speak of “reduction”) to recover their fees. If your children comply with your request (no one can force them to do this), your partner’s children will be able to sleep peacefully: no one will ever come and hold them accountable.

Also read: Inheritance: how to guarantee the future of your other half without paying too high taxes?

Life insurance

An easy-to-use and very economical protection tool for beneficiaries. Financially significantly more advantageous than a gift or a bequestlife insurance will prove to be a valuable tool for financially helping your life partner’s children: by designating them as beneficiaries in the event of the death of the contract, and provided that you do not make “excessive” payments to deprive your own children of their rights as reserved heirs, you be able to transfer a tidy sum of money without any inheritance tax to pay up to the first €152,500 transferred to one beneficiary if payments on the contract were made before your 70th birthday.

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Give them the same inheritance rights as your own children. Adopting your partner’s children is not the easiest solution to implement, but it is the most effective way to help them. It allows them to become your legitimate heirs, equal to your biological children, and therefore enjoy the same benefits, including a €100,000 tax reduction on assets acquired by will or gift (renewable every fifteen years in the case of a gift), and an irreducible share of your inheritance.

Also read: Sharing the gift: conditions and effects

If you’ve married your new partner, think about “conjunctive” gift sharingThe benefit of a joint gift from two spouses (called conjunctive in this case) for the benefit of their children? Those, on the other hand, will be able to acquire assets common to spouses under the cover of gold taxation: they will benefit from a reduction of 100,000 euros on the assets you transfer to them (against taxation from the first euro), then the scope of gifts between parents and children will be reduced (against 60% tax between children and father-in-law).

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