French Wills ( Testaments ) - what do we need ?

[Locheelad]

Good afternoon from Scotland.

I'm about to try and carry out some serious studying of the above however i trust you do not mind my inviting your help at the initial stages.

My wife and i and 2 kids live in Scotland. Normal circumstances, normal type family if thats possible !

Last month we bought a house in Pas De Calais ( 62 ). This house was rented and still is rented long term to a local. We have no short term intentions of moving to France. We are 3 years from that at least.

In Scotland we each have a will - pretty bog standard stuff ie estate goes to survivor or if no survivor to kids

I'm told though we now each need a French will which is probably fair enough. The price though done here by a French lawyer is mega scary.

Anybody any thoughts, advice on what we need. To me, maybe wrongly we need a pretty basic sort of will - our finances etc are not complicated.

Better done in Uk or in France ?

Whom do we lodge the Wills with when finished etc.

Is there a previous Forum thread which somebody could refer me to. A quick search did not reveal anything.

All pretty basic questions i know and i will study this fully but as above any help, guidance, thoughts etc would be truly welcomed.

Bob

[cooperlola]

I have an English speaking notaire.  We wrote out what we wanted to do, and he translated it for us and added the appropriate legal bits.  Then we had to handwrite them (one will for both me and my o/h).  He then witnessed it and has lodged the originals with the appropriate authority.  We also made copies (handwritten, not photcopies) which we have at home here.  We have advised our beneficiaries of the notaire's name.  He charged us 70 euros for the service.

[Tourangelle]

Have a look at FAQ on inheritance laws, in this section of the forum. You can't write a will like the one you have described in the UK, and you will probably need to see a notaire if you are not happy with what happens automatically.  But don't worry, they have set rates, it shouldn't cost too much.

[marina]

UK or other non-French wills are mostly useless in France, unless the way you want to distribute your estate is exactly in line with French inheritance law. French law says that if one of you dies then the property is split between the survivor and the kids. If you wanted the survivor to have a legal right to stay in the house this should have been included in the Acte de Vente but you may be able to sort this out, at a cost. If you get on with your kids and you are happy to share ownership of the house with them then you can do a handwritten will which is lodged with a notaire. It is called a testament olographique. The cost of a will like this is small, or nothing, which is why lawyers do not often recommend it. It has just as much legal value as any other. Typical wording can be found here, http://www.lexeek.com/droit/7942-modeles-testaments-olographes/?sres=1 or ask a notaire for words to suit you. You should also remember inheritance taxes which can be high in France.