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One will to rule them all?


Spidworthy
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The dilemma in a nutshell: to draw up one will covering our assets both in France and abroad, or to have a separate French one purely for our assets here?

My understanding is that since last year, under EU rules we can now choose to have our entire estate processed under English law (well, at least until Brexit, but let's cross that bridge when).

With a fairly simple situation (we have neither been divorced/remarried, nor do we have any offspring, and were married in Community of Property), the easiest option is of course to go for one will, under English law, covering both our UK/offshore assets, and the few things we own here (mainly our main-residence French home, plus dribs and drabs like car, bank balance etc.). We are not French citizens, nor are we envisaging citizenship.

Drawing up a separate French will is a time-consuming and expensive exercise to get it right, by all accounts, so the easier one-will option obviously attracts. Can anyone advise, particularly from their own direct experience? Thanks!!
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Just finished helping a lady in our village. She hand wrote the will in English and French stating what she wanted done with her estate (completely contrary to the French inheritance family rules she has disinherited the only "child" of the family, though in fact there are 3, 2 non adopted therefore under the 60% charges rule). Accepted without problem by the Notaire, 50€ to register. Job done.
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As I understand it, if you are French resident at the time of death, if you had two wills, they would be dealt with by a French notaire and any inheritance taxes, etc would be according to French law. All of the estate except for property abroad would be according to the French will.

The advantage of only having an English will is you can gift to whoever you want and can avoid the French succession rules (but the taxes would still be at the French rates depending on the relationships of the individuals). That will would still be dealt with by a French notaire.

If you had two wills drafted you would need to find someone who knew both English and French law in order to make sure the wills did not conflict.
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My father, who died recently, left a handwritten French will, about 10 years old, and a much more recent English will.  The notaire helping us deal with closing his French bank account, which he never closed though he no longer had any other French interests, says that she has to use the English will as it the more recent and he was UK resident.  It is causing confusion as there are trustees involved in the UK will as some of his estate in the UK is in a trust, and the disparity in terminology doesn't help.  All for less than 700 euros!

Not quite your situtation, but maybe helpful for others, plus the  message, if you don't need it, close it!!

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As a UK resident, I have made a Will covering my UK assets, with bequests to various people as well as my daughter and stepchildren, but specifically stating that it does not cover any property I may own in France. That cost me the usual £££.

I have since made a French Will, in France, to clarify that I want anything I own in France to go to my only child (too expensive for stepchildren to inherit anything!) and again specifying that it does not cover any assets in the UK. This covered a single A4 sheet, had to be handwritten by me (copying out the exact wording given to me by the notaire, who was sitting in front of me), and was then to be lodged by her with the main French registry of Wills. As far as I recall, this did not cost me a centime. (Though maybe there will be a charge when it is implemented, on top of the usual taxes.)

Angela
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Many thanks for all the advice above. One supplementary question:

If we do go the route above and draw up a separate French will, in the presence of a notaire, and then lodge it with him or her, does this also mean that when we both pop our clogs, that notaire is effectively the Executor of said will (for a set fee, we assume)? Or are we still then supposed to appoint our own Executor?
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When we drew up our French Wills with a Notaire we wanted to leave money to a couple of animal charities. The notaire thought that one of them was not allowed to accept money bequethed to them which he checked and that was the case.

What would happen if there was only a UK Will levaing money to this charity?
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Interesting question,Spidworthy...

I have no idea!

I would imagine someone would have to ask the notaire to act, or who is going to pay him/her?

Could you ask whoever is your designated executor in the UK to get in touch with the notaire to handle the succession in the event of your both dying together?

In fact, some UK practices these days have a French qualified notaire in their offices, who could presumably retrieve the French Will from the national place where it is lodged and deal with it all from the UK end.

Might be a much pricier option for your executor than doing the French part through a France-based notaire, but a lot simpler for anyone who doesn't speak French.

Angela
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