Single Persons Will

[Tim]

I am an Irish person, now resident in France.  I am not married and have no dependants.  I am aware that if you are a couple and want to change who inherits your estate you can opt for a change of Marriage Regime, but I do not know of a document that could be drawn up which would enable me to leave my Estate to whom I please, not who the French Government decide I should? If anyone knows anything about a single persons Will, I would be pleased to hear from them.

[cooperlola]

You can leave your money to whomsoever you wish (I know this because we are in the same position and beyond one another have no other relatives who are entitled to automatic inheritance).  Go and see a notaire and he will help you draw up a will.  Be warned though, whoever it is will be heavily taxed under present laws as non blood relatives cop for a huge percentage in inheritance tax - at present, anyway.

[Pickles]

[quote user="cooperlola"]Be warned though, whoever it is will be heavily taxed under present laws as non blood relatives cop for a huge percentage in inheritance tax - at present, anyway.[/quote]

Unless you leave it to a LOT of other people, so each one is within the tax-free limit, or else leave it to a French charity - I was informed that charities are exempt from the inheritance tax.

Regards

Pickles

[Tim]

Many thanks for the contributions...I did see my notaire but it all got very bogged down. What I want to do is leave my estate to several people in Ireland (plus some charities) but my notaire says it can only be left to (a) family and/or (b) French residents Does anyone know how this can be done? Under French law it's apparently compulsory to leave most of one's estate to family, but it's not compulsory in Ireland and I don't want to do it from here. Any further info welcome...!?

[Pickles]

[quote user="Timco"]Many thanks for the contributions...I did see my notaire but it all got very bogged down. What I want to do is leave my estate to several people in Ireland (plus some charities) but my notaire says it can only be left to (a) family and/or (b) French residents Does anyone know how this can be done? Under French law it's apparently compulsory to leave most of one's estate to family, but it's not compulsory in Ireland and I don't want to do it from here. Any further info welcome...!?[/quote]

French law basically views an estate as being comprised of two parts: a part allocated under French law to reserved heirs (which depending on the circumstances can be up to the whole of the estate) and the non-reserved part of the estate. A French will essentially deals with the NON-reserved part of the estate only, because the law of succession will deal with the disposition of the reserved part..

Children and surviving spouse take priority over the reserved part of the estate, and may account for the totality of the estate. In the absence of children, grand-children, or a surviving spouse, parents and siblings will be entitled to a share of the estate BUT ONLY in the case of intestacy.

In the absence of descendents or spouse, the non-reserved part of the estate becomes the whole of the estate, and can be divided according to your will to whomsoever you wish, French resident or not. Charities should be French resident - foreign charities would probably end up paying a lot of tax.

Hence you can write a will which deals with the non-reserved part (quotité disponible) of the estate, which will then vary depending on who survives you.

Edited to amend out-of-date info - see later post.

Regards

Pickles

[cooperlola]

We are leaving all our money to 3 people, none of whom live in France.  Our notaire had no problem with that at all as we have no family who qualify under the rules which Pickles quotes.  If you do have surviving parents, children etc, then you are stuck, as Pickles says.

[Tim]

   thank you and pickles both very much for your interest and input. I still haven't figured how to do what i want to do, i.e. disinherit my mother and brother! But where there's a will there's surely a way...

 

[cooperlola]

The percentage "Cut" which your mother and brother are entitled to is not in fact all that huge (I'm not even convinced that siblings inherit automatically anyway - anybody?).  I believe there is nothing whatsoever you can do to cut your mother out of your will but her percentage is relatively insignificant and she will be unlikely to out-live you anyway!  I should just concentrate on formalising the disposal of the bits of your estate which you can control if I were you.

[Pickles]

[quote user="cooperlola"]The percentage "Cut" which your mother and brother are entitled to is not in fact all that huge

[/quote]

It WAS a quarter for each parent ... (see below)

[quote user="cooperlola"]

 (I'm not even convinced that siblings inherit automatically anyway - anybody?).

[/quote]

Siblings are not reserved heirs - there is a default distribution (of a quarter) in the event of intestacy, but there is no reservation.

[quote user="cooperlola"]

  I believe there is nothing whatsoever you can do to cut your mother out of your will but her percentage is relatively insignificant and she will be unlikely to out-live you anyway!  I should just concentrate on formalising the disposal of the bits of your estate which you can control if I were you.[/quote]

Actually, I've just realised that under last year's reform of the law of succession, ascendant relatives are no longer reserved heirs; see:

http://www.chambre-loiret.notaires.fr/droit-actualites/actus/lettre-04-07/prinicpales_regles.htm

The only other twist is that if you have received for example a large sum of money or another asset from your parents and you die before them, they are entitled to have their money back ...

And IIRC there used to be a way of doing a will that disinherited a reserved heir - I think it involved signing the will in the presence of two notaires ... but it doesn't matter to you now.

So, you're sorted now.

Edited to add about assets returning to parents in the case of death of child before parents

Regards

Pickles

[Chancer]

I am in a similar situation and have yet to make a French will.

I am single, live permanently in France but still have property and (ever reducing) cash reserves in the UK, I have a will in the UK which (after the death of my father) divides my estate between my sisters (25% each) and my 4 neices and nephews.

In the absence of a French will what would happen apon my death?

I am not concerned with reducing the tax burden on any of my inheritees, or even that my French assets could go to the French government, more that the division would be different to my wishes.

Sadly one of them has always been shall we say "over-interested" and has caused much trouble and distress in the family following the death of both my father and grand-father, in the unlikely event that I should die before this sibling I would not wish a repeat performance on the others.

[cooperlola]

Pickles seems to have a handle on this but I'd say make a French will to be safe.  Otherwise you may find that your French assets get disposed of according to the law rather than your intentions.  I was charged about 60 euros for the privilege - worth the money for the  peace of mind.

[Pickles]

[quote user="cooperlola"]I'd say make a French will to be safe.  Otherwise you may find that your French assets get disposed of according to the law rather than your intentions.  I was charged about 60 euros for the privilege - worth the money for the  peace of mind.[/quote]

I'm sorry if it wasn't clear from my ramblings, but I agree - making a French will when you don't have offspring is essential - and still advisable even if you do. Don't rely on a UK will - ESPECIALLY if you are resident in France (yes, for the pedants, IIRC a UK will CAN be recognised.under international agreements, but the French system works best with a French will). If you are not French resident, do a French will which concerns ONLY your French estate, and ensure that you refer to its existence in your UK will - whose wording has to be modified so that it revokes previous UK wills but NOT the French one, and mentions that it covers your worldwide assets APART FROM your French assets!!

Pickles

[monaco]

I am divorced, with two daughters.  My English will leaves my small assets equally between them.  Since this is what would happen anyway under French law, do I need to make a French will?  We are talking about less than 100,000 euros in property. I gave my half share of the matrimonial home equally between my daughters to get them started on the property ladder some 26 years ago.

[cooperlola]

What a generous parent you are, Monaco.  As things stand at present, your assets would be likely to be divided up as you wish them to be, by the sound of it.  However, inheritance laws change so for the small cost of making your will here in France, I would still make one anyway if only for "belt and braces."

[monaco]

Thank you, Cooperlola, I will certainly make a French will.