hand written /typed wills in English

[lizzy h]

Are they legal and binding?

My family and my mother came to live in Limousin last year, we both sold our houses, my mother bought the band b here for approx 200,000 euros and I have spent £ 50,000 doing it up and starting the buisness, my sister came with us not out of choice but because she was penniless and a alcoholic who lived with my mam, i have never gotten on with my sister and over the years suffered from both physical and constant mental abuse ( which my mam did aswell) but put up with it for her sake  it is well known how alcoholics treat their families, however this was going to be a fresh start, it lasted all of one week and she started stealing from us and abusing us  this time infront of the kids which i will not tolerate, so mum gave her a ultimatum, no drink or you can leave so she left  with the first man she met giving them a sob story about the terrible family, to cut along story short my mother has made a will out ,not cutting her out of her inheritance but ensuring me and my family get the majority as we have put our savings and profit into the house aswell as hard work setting up the buisness,she will get 1/8 th and me 7/8ths , with clauses in so that she cannot force us to sell or move back into the house without my permission, she will only get her share when i want to sell or I die and then will my share go to my children, however my sister still abuses me in the street by shouting she will be half owner of the house and chuck us out when mum dies, this is upsetting to my mum to hear this and very worrying to me and my family as wehave put all our time and money into this , the house has been valued at 400,000 euros all though our hard work ,why should she just come and take half of it as states in french law. Can anyone advice us as to whether the will is enough there are three copies and an original or do we need to go to a notaire and get another>

[Pucette<P><FONT face="Times New Roman" size=3>Pucette<FONT><P><FONT face="Times New Roman" size=3><P class=MsoNormal style="MARGIN: 0cm 0cm 0pt">"Qui ne connaît pas la campagne lhiver, ne connaît pas la campagne et ne connaît pas]

Your message is coming up blank when I go into it but based on the opening phrases the answer would be -

no, it needs to be hand written in French, not witnessed, and within the French inheritance requirements

a will is probably inadequate under the circumstances and you probably need professional advice

[lizzy h]

thanks for your reply, I dont know whats happening today but I cannot seem to get anything to work properly anyway Ill start again. My self and my family and my mother moved to limousin last year after selling both of our properties for a better life my mother bought the bed and breakfast costing approx 200,000 euros and i spent approx £50,000 pounds on doing it up, my sister came with us not by choice but because she was living with mum and a really bad alcoholic, I have never gotton on with my sister  because of the physical and mental abuse she has caused to me and mum over the years, but this was to be a new start,..... this lasted all of a week and she was just as bad, it became so bad (infront of the kids) that I said if she didnt go I wouldso she packed her bags and moved in with the french boyfriend telling him about her horrible abusive family chucking her out, when we see her which isnt very often thank god she hurls abuse at me saying when the old which is dead she have half the house and make me sell, this has upset me and mum so much she decided to make awill to protect my intrests mum has said that 7/8ths of the house and all assets go to me and 1/8 to my sister with clauses in that she can only get if I wish to sell or Im dead wheras the 7/8 will go to my kids is this legal and binding or do we need to go to a solicitor the house is now valued at 400,000 euros  double and all because of our hard work  how should it be fair that she can inherit half after not putting a penny in and doing no work if any one knows more about this please could you advise.

[Pucette<P><FONT face="Times New Roman" size=3>Pucette<FONT><P><FONT face="Times New Roman" size=3><P class=MsoNormal style="MARGIN: 0cm 0cm 0pt">"Qui ne connaît pas la campagne lhiver, ne connaît pas la campagne et ne connaît pas]

No, the will is not legal and therefore not binding; even if the division of the property were legal the will would need to be a legitimate French will - handwritten in French and respecting French inheritance law.

There are ways of recognising your investment in the property, the French equivalent of putting a charge on a portion of the property, assuming your mother is in agreement with you; a notaire or lawyer could advise you both further; taxes would be incurred.

Under French law, if you and your sister are your mother's only children, you are each entitled to a third of her estate. She can dispose of the last third as she sees fit.

You and your mother need to inform yourselves, and probably take professional advice.

 

 

[Teamedup]

 

Get legal advice from at least one notaire.

It would have been better if you mother had sorted all this out before signing for the property. It is hard to see how she can effectively disinherit your sister now. And when your mother dies, then under normal french law, the house will be split between you and your sister. The house I take it is solely in your mother's name.

What you certainly need to do is protect your own interests, ie the investment you put into the house, hopefully professionals having done the work and exactly how much this  has increased the value of the property, £50k after all is quite a lot to put in as an investment. And whatever else is done, you must sort out your £50k now and all be noted or registered properly.

[Russethouse]

lizzy h - I have removed html from your post so the first post shows up on screen - hope that helps...

russehouse (moderator)

[lizzy h]

Yes the house is soley in my mothers name, would it be possible for my mother to actually give me the house now, ie put the house deeds in my name or even joint names hers and mine? or the other option is to sell and buy  another house just in my name as mam is not happy about her getting even a third, also if she was a third owner could see demand to move in( type of thing she would do to sicken us off untill we sold)

[Pucette<P><FONT face="Times New Roman" size=3>Pucette<FONT><P><FONT face="Times New Roman" size=3><P class=MsoNormal style="MARGIN: 0cm 0cm 0pt">"Qui ne connaît pas la campagne lhiver, ne connaît pas la campagne et ne connaît pas]

You could take any of the courses of actions you mention but all could be contested by your sister if your mother dies before you; she has a right to a third of her mother's estate.

[Teamedup]

You really need legal advice about this, as I said from at least one notaire.

 

Re this question, I don't believe she  would be allowed to do that. You could ofcourse buy it from her, but you would have to pay the going rate too. No playing with the system a peppercorn or one euro for a property either. You would have all the notaires fees to pay etc too. If you did this, with the plan of your mother giving you the money, then you are only allowed something like £30k per ten years from a parent without paying tax.

However, and this would certainly need legal advice, (from more than one notaire), you should ask about her giving you the usufruit. I have no idea as to whether this works from parent to child. If she could do a usufruit it would give you the full use of the property and if necessary any rent from it and until you died, your sister wouldn't be able to get her hands on anything.