Letters: A tontine clause may ease inheritance fears in France

Letters: A tontine clause may ease inheritance fears in France


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A word of caution in respect of a couple of the responses about inheritance tax from readers.


Selling up and buying a property in the UK is indeed one solution to remove your estate from this ridiculous conundrum. 


However, if you are going to do that you might just as well purchase a new property in France with a tontine clause in the contract which, in the event of the death of one partner, passes


the entire estate to the other as if the former had never existed. 


This means that the surviving partner can sell up and relocate as they wish without interference. 


However, in order to incorporate a tontine clause in a purchase contract, your marriage regime needs to be Séparation de biens. 


This is the standard regime applied to new French residents arriving from the UK, but it only stands for 10 years from the date of their formal entry into residence. 


After that, the regime changes to a different type that, while it might have its own benefits, absolutely precludes the use of tontine. 


If you are close to that 10-year point, it is easy for a notaire to draw up an act in which you elect to keep your existing marriage regime, leaving you free to sell up and relocate within


France with a joint ownership contract that avoids the current inequity.