Succession: How to transmit my apartment to my wife and then to my nephew after his death?

In the “big savings meeting” (capital / radio heritage), Nathalie Couzigou-Suhas, notary in Paris, responds to a listener who wishes to organize the transmission of his apartment in two stages: first to his wife, then to his nephew.

Capital video: How to send my apartment to my wife and then to my nephew after his death?

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Each month, the “big savings meeting” (capital / radio heritage) answers your questions in the “your questions, our answers” sequence. Our experts – notaries, taxpiens, heritage advisers – accompany you on all your money questions. Today, Franck, married without children, is looking for a solution to transmit his apartment to his wife, then to his nephew, while dismissing the children from his spouse from a previous union.

Nathalie Couzigou-Suhas, notary in Paris, immediately recalls: “If Franck dies without will, his wife automatically inherits, without inheritance tax. But to his own death, the good will return to his children, not to Franck’s nephew. ”

Life insurance for work financing

Also, three solutions exist, according to our guest. The first goes through a specific will. “He can institute his universal legatee wife, while providing special treatment for the apartment. For example, granting it the usufruct of the property-that is to say the right to occupy it or perceive its rents-and reserve its bare ownership for its nephew. Thus, on the death of the wife, the nephew would become fully owner. ”

It is even possible to anticipate practical questions, such as the management of the major works of the apartment: “Life insurance can be planned to finance these costs, for the benefit of the wife or the nephew”point our notary. Second option: the residual legacy. “Franck can bequeath everything to his wife, indicating that at the time of his death, which remains – if the apartment has not been sold – must return to the nephew. However, this remains subject to the wife’s desire not to sell the property. ” Finally, life insurance is also an effective tool for directing transmission: “If the payments are made before 70 years, taxation is very advantageous for nephews. And capital can be freely argued towards beneficiaries of their choice ”recalls Nathalie Couzigou-Suhas

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