Making a will (or wills) when becoming French resident

[Kitty]

[8-)] Aaaggghhh... For the last hour, I have been googling and searching but can't find the answers.  My brain hurts.  Can someone help?

I am pretty well versed in inheritance differences between the UK and France e.g. the Code Napoleon etc.  But I need the answers to two specific questions.

1. When becoming French resident, I understand that it is a GOOD THING to have both a French will and a British will.  Is that correct?

2. How is UK property treated in the wills?  Is UK property covered by your British will or your French one (or both)?

Any useful links would be welcome.

[Clair]

I have not read through all of it, but this may help: http://www.french-property.com/guides/france/finance-taxation/inheritance/wills/

[Kitty]

Thank you Clair.  I find the "french-property.com" guides the best on the web and use them extensively.  However, I wasn't able to find the answers to my two questions in that guide.

[Aly]

Hi

It is a good idea to make a Will in both countries if you have interests in both. If you are a French resident than your world wide estate will be

taxed ( inheritance) and French succession rules apply under French law. This includes your UK property and estate.

If you are a UK resident than only your French property is taxed under French law and French succession applies!

[gosub]

There is some info HERE  and HERE

[parsnips]

Hi,

      If you are french resident and have no UK real estate , a UK will is not really necessary .

If you still own UK real estate, you should make a UK will to cover it. The will should be carefully worded to exclude any conflict with your french succession arrangements.

I say "arrangements" and not "will" because in many cases people can get the distribution of their assets as they wish, by other means.

In most marriages a simple"Donation au dernier vivant" is all that is necessary or practicable, even when there are children from previous relationships.

Sometimes a change of marriage regime is better.

Those who have not yet bought a french property, or who are thinking of moving, can consider buying in "Tontine" which, now there is no IHT between spouses, is an attractive solution for those who want full control of the house if their spouse dies.

 

[Doodle]

Hi Cathy, don't know if this is any help but when I left the UK to become a permanent resident in france nearly 3 years ago, I wrote to the people in england who have my english will and asked if I needed to make a french one.

The reply was after 3 years of living in france permanently, the english will would no longer be valid.

Chris

[Kitty]

Thank you everyone.  Parsnips, as usual, has an amazing font of knowledge.

I went to see an English speaking French accountant yesterday and I have since discovered, from reading your posts and exploring the links, that her inheritance tax advice was wrong.  She did admit that in France, it is notaires that deal with inheritance tax and that she wasn't the best person to ask.... [8-)]