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Inheritance Laws - Property in the UK


Di
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Hi

This is a further question relating to my previous post "Buying a House - Legal Issues".

Can anyone tell me , does property owned in the UK come under French Inheritance Law.  We both have property and land in our own names in the UK, which we have left to each other in UK wills.  Will this property be subject to French Inheritance Law after we move permanently to France?

Any information will be most welcome.

Thanks

Di

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Hi

I'm not asking about inheritance tax, I wondered if our UK wills would stand and our wishes would be followed regarding our property in the UK. We will be living in France but will have property in the UK.

Thanks

Di

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Hi

Is there anyone who can help with this?  Perhaps recommend a firm of solicitors? We will be living in France, but we will still have income and properties in the UK.  I know a french property would come under inheritance law and any children would inherit, but would children automatically have rights on the UK properties against the wishes stated in the UK wills. We would be resident in France , but would we still be domiciled in the UK?

I know this is complicated and we really need to get some professional advice, so any help and recommendations would be very much appreciated.

Thanks

Di

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I was advised that the UK property would come under French inheritance law and so the reserved inheritors could contest any UK will which didn't fit within the French rules.  Also, it could cost a fortune while the properties get tied up waiting for the legal situation to be made clear about which law/will stands.
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Hi Debra,

Yes, thats what we are worried about.  We have specifically made the UK wills, leaving each other our properties in the UK.  We do not want the children to have inheritance rights to these properties. If French law takes precedence over the UK properties, I'm not sure how we can get round the problem.

Thanks

Di

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Each create a trust, where on demise the other is the named beneficiary, before you move to France.

Seek expert UK legal assistance on this., since trust law (and taxation) is a very demanding and complex area, if a trust is to be fully effective: plus, you have the added complication of changes of residence (potentially) and domicile. The two are not the same for tax law and trusts.

Other option is to base the trusts outside the UK, prior to relocating, since once you move, then the owner of each property/properties is already outside the UK in one sense, even where you leave things as they are now. With current changes to tax treatment of UK trusts, considering the offshore trust route may well pay considerable dividends.

 

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