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Making a Will

Posted by Bretonvie - Created: 4 years ago
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3 replies (Showing replies: 1 to 3)

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Posted by paul & nadine - 4 years ago

I have recently consulted an avocat about wills, because the law will change on 15th August.  This may be relevant.

From 15th August it will be possible for a French resident to chose the law of their nationality, if they want.  i.e. you can make a will in France, that says you claim the right for it to be under 'British rules', and therefore you can leave your money to who you want, and are not bound by the French laws of succession which force you to leave part of your estate to your children, etc. 

You can make such a will before 15th August, so long as you don't intend to die before then!

If your circumstances are reasonably straightforward, and you don't have significant property, etc in the UK , I can see no point in making a will in the UK, since this may only complicate matters, and in any case it will have to be formally translated into french, when the time comes.

If you want a French will, and want to claim UK law, you need togo to a Notaire and ask him to make a 'Testamant Authentique', which will cost 120Euro.

Some pedantic points to note:

*  If you are a French resident, french inheritance taxes apply, even if you want to use the UK inheritance laws.  Gifts to non relatives are taxed at 60%, after a very small allowance.

*  If you don't declare that you want to use UK law after 15th August, ALL your estate, wherever it is in the world, will be deemed to come under law of the country of residence ( France).

* Since the law is different in the different parts of the UK, you may have to specify England, Scotland or Northern Ireland as the law you want to apply.

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Posted by brionybob - 4 years ago

Nothing to stop you making both, provided they are worded correctly.We have.

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Posted by Joe-Huelgoat-383105 - 4 years ago