New inheritance measure

[bixy]

A British friend resident in France has recently been to see a notaire about drawing up a will, taking account of the new provision from Aug 17th - in other words requesting that the inheritance regime of the UK should apply. The notaire told her that this cannot be done because the British have not ratified the agreement. My understanding is that that will affect foreigners living in the UK, not foreigners living in France. Has the notaire got hold of the wrong end of the stick, or have I?

Patrick

[nectarine]

My notaire told me that, whilst the notaires understood the new laws, they had not been told exactly what wording to write in order to ensure the will was legally valid. I believe it's true the British haven't ratified the regime which means that foreigners in Britain will be subject to British inheritance law; however, Brits in France can specify UK law. I haven't met anyone yet who's had a will written under the new provisions ..

[Daft Doctor]

The notaire is wrong on two fronts. Firstly, as Nectarine has pointed out, it is foreigners living in the UK who will not benefit from this new law, not expats living in France. Secondly, it isn't true that the UK has not ratified the new law, as I understand it the UK has been excused from adopting the law by the EU because of the complexity of UK inheritance laws. There is no reason, other than not being clear about which wording to adopt, why notaires should refuse to implement the new law from August 17th.

[parsnips]

[quote user="Daft Doctor"]The notaire is wrong on two fronts. Firstly, as Nectarine has pointed out, it is foreigners living in the UK who will not benefit from this new law, not expats living in France. Secondly, it isn't true that the UK has not ratified the new law, as I understand it the UK has been excused from adopting the law by the EU because of the complexity of UK inheritance laws. There is no reason, other than not being clear about which wording to adopt, why notaires should refuse to implement the new law from August 17th.[/quote]

Hi,

 I know of at least one notaire who is writing these wills , and indeed recommending them to some of his clients .  If you live near Aubeterre you can find him online.

The recent UK court ruling on disinheriting children could make things more difficult for people using the new rules to disinherit a child.

 See here;

http://www.telegraph.co.uk/finance/personalfinance/11768382/Could-your-will-be-overturned-by-a-court.html

[Rabbie]

What UK inheritance laws? There are significant differences between English and Scottish inheritance laws. For example in Scotland a wife is entitled to half of her husband's estate and the children are entitled to one third shared between them. English inheritance law is at present a little unclear in view of the court ruling referred to by Parsnips.

[andyh4]

Bixy

 

I think your friends either need to find another notaire or return to the one they have used and say they have thought through what he has said and need to ask him a question.  The question is, "Does he believe that French law has precedence over English law in France?"

 

I think we all know what the answer will be.  The response then is that France have accepted the EU agreement that EU citizens can use the inheritance rules of the country of nationality in France - and without any exclusions.  If he continues to say he cannot accept English/British wills, it means that he is accepting that English/British rules have precedence over France.

[mint]

[quote user="andyh4"]

Bixy

 

I think your friends either need to find another notaire or return to the one they have used and say they have thought through what he has said and need to ask him a question.  The question is, "Does he believe that French law has precedence over English law in France?"

 

I think we all know what the answer will be.  The response then is that France have accepted the EU agreement that EU citizens can use the inheritance rules of the country of nationality in France - and without any exclusions.  If he continues to say he cannot accept English/British wills, it means that he is accepting that English/British rules have precedence over France.

[/quote]

Once you have done what andyh has suggested, could you PLEASE come back and update us?

We also need to change our will and it would be wonderful to have some answers at the ready should we meet with any opposition!!!

[idun]

So how does France get the inheritance taxes, that everyone has to pay at some point?

I thought that they could not be avoided......? and that is also very important.

[Hereford]

Idun: our understanding is that one will be able to leave money to whomever one  likes but French tax will be payable by that person at French rates! So beware of leaving money to a non- relative...

[lindal1000]

That's our understanding as well, and if there is French property but a UK will and UK assets our notaire told us he would appoint..or liaise with the UK solicitor or executor. Even he wasn't sure exactly how it would work in practice.

[tinabee]

The new rules are really only useful if you want to disinherit someone who would be a reserved heir under French law. French inheritance tax will continue to be payable, irrespective of the inheritance laws applied.