making a will - in france or uk?

[Trickynickyflowers]

We are moving to france in a few months and have heard that you cannot make a will in the uk but must make one in france is that correct? Any help appreciated.
Nicki

[Wicce]

You can certainly make a will in the U.K., and should do so if you have any UK assets. You should also look into the need to make a will in France - your Notaire should be able to help.

Mary

[IAN_S]

The main point here is that a British will is not recognised in France so as has been said you should make a will in both countries if you have assets in both.

[Val_2]

Does it really matter if you make it here? At the end of the day it will be easier to sort out with it written in French and in the country where you will have your main assetts. If you retain assetts in the UK then you should have one there as well to sort that out easily. Our notaire is very adament that english people should make french wills as english documents are not recognised here where property is concerned because of the different inheritance laws.

[Suninfrance]

When we signed for our house a couple of years ago, our notaire didn't seem to think that having a UK will would be a problem. However, I am beginning to think that maybe we should get our UK wills translated, just to make sure. We certainly wouldn't want any hassle if one of us 'popped our clogs' because we'd been wrongly advised.

Any advice?

Suninfrance

[Val_2]

Our friend has just lost her husband here in France. They made their french wills years ago when buying the house and everything has gone very straightforward from this point of view regarding taxes,inheritence etc here and access to bank accounts. In the UK she has been in discussion with the solicitors who hold their UK investments like shares, pensions etc and again, everything going through OK. There has been no need to get anything english translated or referred to France and vice-versa, so the moral is that you have a will in each country where you have assetts etc. You cannot have an english will leaving french property to anyone else,only a will written in France is valid there.

[Baz]

"only a will written in France is valid there."

That is incorrect, you can write a French will in the UK, provided it is handwritten and in French. A French Notaire or Advocat based in the UK will arrange this and keep a file copy.

Baz

[Will]

You should, ideally, have a will in both countries. It is important that they should both be clear and not contradict each other. Although a French will is likely to serve in the UK in the absence of a British will, it is highly unlikely that French law would recognise a British will. The process of making a French will is very easy.

[Val_2]

[quote]"only a will written in France is valid there." That is incorrect, you can write a French will in the UK, provided it is handwritten and in French. A French Notaire or Advocat based in the UK will a...[/quote]

Baz. Just passing on our experience of one very angry notaire who has been practising here for years when I asked him about the validity of wills made in the UK referring to french assets and his reply was clear that he would not recognise one nor would his associates. What people do is their business,I've given my experience which is partly what this forum is about.