French estates (dealing with French property on the death of an owner)
French estates are administered very differently to those in England. Normally documents must be formally translated from English and in some cases must be supported by an affidavit and an apostille.
We are happy to assist you on the relevant procedures and liaise with the French notaire.
French law will apply to the administration of immovable property in France owned by an English national. We can arrange for heritiers réservataires (reserved heirs) or other heirs to sign a French Power of Attorney (procuration) authorising a notaire (or other third party) to deal with all the formalities involved to avoid the need for heirs to travel to France to sign documents in person.
Even where an owner is resident in the UK, all immovable property situate in France will be assessed for French inheritance tax in that country. The level of tax depends on the relationship between the beneficiary and the deceased and can be as high as 60%. Any assets could also potentially come with an unlimited liability for all the deceased's debts. Any beneficiary should therefore determine at the outset if they wish to accept the inheritance or not. It is possible re renounce an estate.
In our experience, the transfer of an estate on death can be a lengthy process and formalities should be commenced without delay to avoid any interest and penalties for late payment.
Conflict of laws can cause further complications e.g. minor children can own real property in France but cannot do so in the UK. Where minors inherit real estate in France, complex procedures may be required to settle the estate onj the minors' behalf and to sell the property inherited, if required. We have many years' experience of dealing with French estates.
To arrange a discussion with a French property solicitor click here or call us on 0800 840 4929. We are available to take your call twenty four hours a day, seven days a week.
