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Post by lee on Aug 27, 2021 8:55:18 GMT 1
Hi. Not sure where to even start looking to get this in place. Anyone got any experience of getting one made ? British couple living here for 7 years and hopefully many more to come. Own house here, house in UK, cash in bank etc. We don't speak enough French to get something this complicated done, so would need English speaker. Living South Manche near Avranches. Thanks.
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Aardvark
Non-gamer
Living in soggy 22 and still wondering what's going on.
Posts: 2,172
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Post by Aardvark on Aug 27, 2021 9:23:07 GMT 1
After Brexit, things have changed a bit so you will need to find an English speaking Notaire (a competent one if possible) who is up to date with the latest regs. Then report back to the forum. Many of us could benefit from confirmed recent experience.
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exile
Member
Massif Central
Posts: 2,682
Member is Online
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Post by exile on Aug 27, 2021 9:39:30 GMT 1
I didn't think Brexit had changed anything regarding the acceptance of foreign (not just EU) wills.
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Post by elsie on Aug 27, 2021 17:07:35 GMT 1
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Post by leclairon on Aug 27, 2021 17:39:55 GMT 1
I also am always interested in reading any information on this.
In France, the rules around 'une famille recompose' which probably affects a lot of us, are really hard to negotiate.
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Post by catrose on Aug 27, 2021 18:07:57 GMT 1
The basics are that you can make a will in french or english. The common approach in france is to handwrite a will, which is fine. If your affairs are totally straightforward you can basically do it yourself. The complication is succession as France has strict rules. So if your family is at all unusual, for example combinations of children and step children, or wanting to disinherit one, then it is usually recommended to include in the will that you wish it to be administered under english law. And get professional advice. There is a new wrinkle with a new law that looks to be a bit badly conceived, and which might upset things. I haven’ yet got my head around it but if anyone else cares to..... LA RESERVE HEREDITAIRE.pdf (187.44 KB) |
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Post by lee on Aug 27, 2021 19:16:54 GMT 1
Thanks everyone for your replies. It looks like there is plenty of info in those links to start to get an understanding of where I should start. I did email a recommended English speaking notaire locally, but sadly she has yet to respond. We will make a visit to her office when holiday season is over, and I will post here, any information I can get that may be of interest.
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Post by Jo in France on Aug 28, 2021 12:57:03 GMT 1
I haven’t bothered with another will. I made one in the U.K. a long time ago. But like someone also has already said, it’s still French tax law that will prevail, so I don’t think it is going to make a lot of difference for me personally. Except of course if I decide I want to disinherit my children - at least those BORN to me. (Which is not such a daft idea!…)
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Post by elsie on Aug 28, 2021 13:57:50 GMT 1
If you will was dated before the EU Succession Regulation 650/2012 (or possibly before that was implemented in 2015 and doesn't mention it) the will may be overridden and the French succession réserve légale apply. There could also be problems if the will mentions trusts and annual declaration and additional tax liabilities. Trusts www.french-property.com/news/tax_france/trusts_abroad/I rewrote my will as a French will a few years ago and I vaguely remember there were some changes to English will law in the early 2000s which had a negative effect on some of the provisions. |
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Post by beejay on Aug 28, 2021 16:00:52 GMT 1
If you will was dated before the EU Succession Regulation 650/2012 (or possibly before that was implemented in 2015 and doesn't mention it) the will may be overridden and the French succession réserve légale apply. There could also be problems if the will mentions trusts and annual declaration and additional tax liabilities. Trusts www.french-property.com/news/tax_france/trusts_abroad/I rewrote my will as a French will a few years ago and I vaguely remember there were some changes to English will law in the early 2000s which had a negative effect on some of the provisions.
UK changes came into effect in October 2014 affecting intestacy.
Under the old rules, someone dying and leaving a spouse/ civil partner and direct descendants, the spouse would take the first £250000 and personal belongings and a life interest in one half of the balance with children taking the other half.
Under the new rules the spouse still gets £250000 and belongings gets half the balance absolutely. The remainder of the balance goes to the children.
If dying without children the surviving spouse takes the whole estate.
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Post by elsie on Aug 28, 2021 16:45:25 GMT 1
If you will was dated before the EU Succession Regulation 650/2012 (or possibly before that was implemented in 2015 and doesn't mention it) the will may be overridden and the French succession réserve légale apply. There could also be problems if the will mentions trusts and annual declaration and additional tax liabilities. Trusts www.french-property.com/news/tax_france/trusts_abroad/I rewrote my will as a French will a few years ago and I vaguely remember there were some changes to English will law in the early 2000s which had a negative effect on some of the provisions. I think it may have been the changes regarding the Nil Rate Band Discretionary Trust made in the 2008 Finance Act For a couple of hundred euro, the cost of making a French will compliant with the current legislation is probably insignificant compared to the size of the estate, the extra expenses likely for translation of an English will, etc. and possibly make it easier for inheritors, if they have little or no French, who will have to deal with a notaire. I used one of the Paris-based lawyers on the list, who specifically dealt with Family; International; Real Estate; Tax |
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Post by elsie on Sept 1, 2021 9:45:01 GMT 1
There is an update in the BH Assurances September newsletter on Inheritance law in France which has been e-mailed to subscribers. I assume it will appear on this page bh-assurances.fr/newsletter/ in the coming days (you can subscribe at the bottom of that page. There are also useful information on bh-assurances.fr/inheritance/ |
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