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Post by mangetout on Oct 13, 2022 18:28:15 GMT 1
I am about to start the process of succession following my husbands death. We both wrote olographe wills years ago which I showed to the Notaire and he said they were sufficient given our circumstances. We have no children, no parents. But someone has told me I will have to prove we had no children. How do I do that. Has anyone any experience of this.
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ajm
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Post by ajm on Oct 13, 2022 18:33:56 GMT 1
How can you prove the nonexistence of something that doesn't exist?
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Post by mangetout on Oct 13, 2022 18:44:43 GMT 1
Well, I'm told they use genealogists, which can cost a fortune. I would have thought I should be able to offer witness names that know we never had children.
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JohnnyD
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Mayenne (53) When Covid allows..........Which isn't very often these days........
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Post by JohnnyD on Oct 13, 2022 19:07:10 GMT 1
Its just impossible to prove mangetout, what a ridiculous request..........It will be a 'best effort' at the most........
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Post by mangetout on Oct 13, 2022 19:18:12 GMT 1
I'm hoping that they don’t make me prove this. It was bad enough trying for years to conceive without having to prove our 'failure'.
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Post by cernunnos on Oct 13, 2022 19:37:55 GMT 1
I would suggest that the Notaire should be your first stop. They will know what to do .
Did you sign a " last living " contract at the notaires ?
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ajm
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Post by ajm on Oct 13, 2022 19:42:00 GMT 1
Thinking about it. A good few years ago my nephew,in Holland, was asked to prove that he was the sole inheritor of his sister's estate.We got a letter from his solicitor asking us to sign a declaration that he was the only one left - which we did and had it countersigned by our solicitor.
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Post by robertarthur on Oct 13, 2022 19:42:02 GMT 1
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Post by mangetout on Oct 13, 2022 19:46:22 GMT 1
No, we were unaware of legal matters when we bought our house and despite asking if there were things we should consider when we bought, the estate agent and notaire said no. We had no children so buying en division was fine according to them. We both wrote olographe wills leaving everything to each other and they said that was enough.
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Deleted
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Post by Deleted on Oct 13, 2022 19:47:02 GMT 1
Normally an attestation stating you have no children should be good enough.
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Post by cernunnos on Oct 13, 2022 19:50:24 GMT 1
No, we were unaware of legal matters when we bought our house and despite asking if there were things we should consider when we bought, the estate agent and notaire said no. We had no children so buying en division was fine according to them. We both wrote olographe wills leaving everything to each other and they said that was enough. Then ..... that is enough . Make an apointment with your Notaire and let them sort it out ?
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Post by crabtree on Oct 13, 2022 20:25:45 GMT 1
Sorry to hear the sad news mangetout, my condolences.
I hope you get it sorted ok, please let us know how it goes.
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Post by pcpa on Oct 13, 2022 20:42:18 GMT 1
Its just impossible to prove mangetout, what a ridiculous request..........It will be a 'best effort' at the most........ Thankfully it was not a request but something "someone" said who may have been well meaning but really should have thought before they spoke.
As has been said a Notaire is the only "someone" whose words are of any value.
I think it will be a case of an attestation sur honneur in the absence of any other proof which really cannot exist, they are used in lots of situations and puts the responsability and liability firmly on the person doing so which is all they would want to establish.
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Post by Loiseau on Oct 13, 2022 21:41:00 GMT 1
I had this question, mangetout, after my husband died. The notaire was talking of needing to advertise in the U.K. press for any undeclared children to contact him.
He also talked of getting in touch with our U.K. solicitor to check with them. I pointed out that we didn't have such a thing as a "family solicitor" who would have followed the family ups and downs for generations, and that we had just used a local London one at odd times for various things like house purchase or wills.
I foresaw useless expense and delay, and had of course told him about my husband's four existing children.
Eventually he was persuaded by some mutual friends that the box could be ticked if I could produce some local French people who would have known my husband for at least 20 years to sign to the effect that to their knowledge he did not have any other offspring. Frankly, they could not have known for sure themselves, but honour was satisfied.
So maybe you could try that path.
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Post by mangetout on Oct 14, 2022 4:45:04 GMT 1
Did your husband leave a will Loiseau?
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