Frecnh Wills

[rosebud]

We have recently moved to France but still retain UK residency.  We have our UK Wills in place.  Do we have to make a French will as well?

Advice gratefully received. Thanks

[tinabee]

Oh you are in for a bit of a surprise [blink] French inheritance law is very different from British,  have a look at this guide to give you the basics . . .

http://www.french-property.com/guides/france/finance-taxation/inheritance/overview/

 

[rosebud]

Thanks for that.  We actually have a Tontine clause in place on the house but I guess we must see a lawyer to sort out the rest of our assets here in France.

 

Thanks again.

[Boiling a frog]

Please let us in on the secret as to how,if one moves to France,you remain resident in the UK [8-)]

[P-D de Rouffignac]

Just to offer a practical comment re a French will, as the process is probably easier than has been implied. French wills are relatively simple and can be hand-written ('olographe') (cost around 70 euros including filing) or type-written (say, 300 euros including filing), and a notaire will give you advice and if necessary provide a form of words (in French) that you can use. In straightforward cases, French property goes to direct descendants; and ascendants (parents, for example, if you happened to pre-decease them) and there are rules for children from previous marriages etc. These are known as 'preferred hereditaries' and would normally inherit with or without a will, but making a will helps keep things clear. Without a will, if there are no preferred hereditaries (children, parents for example), then brothers, sisters etc start to come into the picture. So again, it is better in these cases, to clarify your wishes in a will (I have done so myself and left everything to someone outside the family, having no preferred hereditaries in my case).

One thing I suggest you double check is what happens on the death of either spouse. There are mixed views about the tontine clause and you might like to ensure that the surviving spouse is totally protected and inherits without problems, and perhaps discuss changing your marriage regime (under French law) to 'communauté universel'. This can be done even after purchasing your property and my local notaires charge 300 - 600 euros for this, unless things are very complicated.

By the way, you perhaps need to clarify whether you are resident in France (ie in the sense of living here permanently) in which case you would normally also be 'fiscally resident'; or have just purchased a French property for occasional or non-permanent living and retain your UK tax status. Either way, don't be phased by the terminology, as sorting out your (French) will is one thing and your (tax) status is another.

Hope this helps.

P-D de Rouffignac www.francemediterraneanproperty.com

 

[rosebud]

This is our second home. We have property in the UK

[rosebud]

Thanks so much for this - most helpful. We are not Fench resident as our home here is our second home.  We have property in the UK and will spend 6 months here in France.

[Doodle]

Is it correct that under french law the spouse now inherits everything if there are no children but one parent of the deceased is still alive?

Having visited our notaire she thought it was unnecessary that we make a will as we have no descendants but very kindly got someone in the office to type up what we needed to say in french, told us to take it home, hand write one copy each and then return, the cost for the two wills is 140 euros.

We are wondering whether to bother with the will but I do have one parent still alive (I also have a brother & sister) and would like to ensure the OH is protected.

[tinabee]

If there are no children, but there is a surviving parent, then the spouse does not automatically inherit everything. It looks like at least one of you will need to make a will (or change your marriage contract).

Have a look at the details here:

http://www.french-property.com/guides/france/finance-taxation/inheritance/rights/surviving-spouse/

 

[Clair]

Another thread on the same topic: http://www.completefrance.com/cs/forums/1262275/ShowPost.aspx

[Chancer]

I have been trying to follow what P D R wrote about preferred hereditaries and am a bit confused.

I understand the bit about direct ascendants and descendants but am unsure about whether siblings come before preferred hereditaries.

In my case I have no remaining descendants and no ascendants unless one comes out of the woodwork so to speak. My UK will is divided between my sisters and nieces/nephew and I currently have no French will.

My take on this is that if I dont make a French will then the money remaining after administration would go to my current "preferred hereditaries anyway, is this correct?

If  I wished to leave my french assets to my French girlfriend would I be able to make her a preferred  hereditary instead of my siblings?

I know the obvious is to see a notaire and make a will but I have a particular interest in prevaricating, - I have one money obsessed sibling putting pressure on me to make a will and I prefer to keep them guessing.

 

 

[allanb]

[quote user="JRs gone native"]I know the obvious is to see a notaire and make a will but I have a particular interest in prevaricating, - I have one money obsessed sibling putting pressure on me to make a will and I prefer to keep them guessing.[/quote]Surely the thing to do is to consult the notary and find the answer, without telling the sibling that you are doing so.

[tinabee]

As you have no protected heirs, you can leave your estate to whoever you want. However, if you don't make a will in France, then all of your siblings (or their descendants) will inherit your estate. If you are resident in France at the time of your death, this will apply to all of your worldwide assets, if you are not resident in France, it will only apply to your French property. 

 

[cassis]

Why not ask a notaire?  Just a thought. [8-)]