French wills and codicils - FAQs
French law and the French compulsory heirs' rules (réserve) will always apply to your real property situate there but the position can often be improved if appropriate action is taken.
Even in straightforward situations, a suitably drafted Codicil helps to clarify the position and avoid any misunderstandings regarding the law which applies to the estate in due course.
Please find below some frequently asked questions:
Do I need a Will?
It is not a legal requirement, although it is usually a very good idea to have one.
Is an English Will valid?
A valid English Will is accepted in France. However, should its terms conflict with French inheritance law, it may have no or only partial effect.
Lawyers with expertise in UK and French property law should be able to draft a suitable Codicil and advise on any restrictions and French inheritance tax implications under the laws of both countries.
Do I need a foreign Will?
Again, it is not essential. If you are resident in France it is often advisable but otherwise a suitably drawn UK Codicil may be adequate.
A valid French Will drafted by a lawyer in France that respects French law may not take account of the law of your country of domicile. It is vital that the lawyer understands your instructions and that you understand what you are signing. Keep a copy or the original and place it with your English Will.
Warning: A French Will may inadvertently revoke your existing English Will (as can a change in your marital status). Similarly, the French Will could be accidentally revoked by a later English Will.
Intestacy (no Will in France or England)
If you die without a valid Will (intestate), the intestacy laws of your country of domicile will apply to your worldwide estate. Foreign intestacy may be quite different from the intestacy rules that govern the rest of your estate.
For example in France, should the deceased die intestate, it is possible that a spouse may receive only one quarter (1/4) of the deceased spouse's estate.
The deceased's residence and domicile also dictate which country's laws apply to which part of the estate.
REMEMBER:
Seek expert advice on inheritance and tax implications of a foreign purchase, especially if you have children, are registered civil partners, or have an unmarried partner. French inheritance tax can be as high as 60%!
Review your Wills with your advisors, especially if your financial or family circumstances change. Wills can easily be inadvertently revoked, undoing all the careful estate and tax planning that you thought you had under control.
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.
