After 60, we take stock of the family and its finances

What would happen to my spouse if I disappeared tomorrow? A legitimate question, to which the Civil Code provides a simple answer: marriage provides a protective framework for the surviving spouse.

Conversely, people in a common-law relationship are considered strangers to each other. Even if a cohabiting partner leaves all their assets in a will to their other half, the latter would have to pay 60% inheritance tax. It is therefore in the interest of couples in a common-law relationship to remedy this situation if they wish to protect their spouse, by getting married or signing a civil solidarity pact (PACS). "But be careful, partners in a PACS are not entitled to inherit. This must be provided for in a will and, in this case, the surviving partner will be exempt from inheritance tax, just like married spouses," explains Sacha Cohen, a wealth engineer at the Union Financiere de France (UFF).

Married couples, for their part, may question the appropriateness of their matrimonial property regime. Some have opted for separation of property, allowing each to retain their own assets. This regime provides protection during the marriage, but is of little benefit when it comes to inheritance.

At the other end of the spectrum, universal community with a full attribution clause allows you to transfer your entire estate to your surviving spouse without paying inheritance tax. "Changing your matrimonial regime is quite simple; you can make a decision at 30 when you get married, change regimes at 50, and then again at 70 when the issue of inheritance becomes more present," explains ^Ms. Arlette Darmon, notary and president of the Monassier group.

Furthermore, there are a multitude of possibilities for finding a fair balance between separation of property and community of property, which makes it possible to adapt to each person's situation, for example in the presence of children from a previous marriage.

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