Brussels IV 2015 Agreement Re Will’s

I wonder if anyone has had any recent experience with a Will being read under English Law?
I had a lengthy hold up, while the French body at C.R.I.D.O.N determined that it could go ahead.

Unfortunately my Notaire hasn’t had any experience with this and in fact up to now it has taken 16 months.

We covered inheritance issues by a Trust Agreement and the regime in which we were married.

I hope someone can help.


Frances, Welcome.

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We have our will written under Brussels IV; our notaire provided a detailed form of words to manage it. She was “old school” and made no charge for the meeting, discussions, not the advise. She considered this to be a public service.
Just to ensure that the house goes to the surviving spouse without problems, both it (and the flat we bought for our daughter to live in) were bought under tontine.

Do double check that tontine is appropriate for you. We bought with one before we were married, and it is now a potential problem because of the 60% inheritance tax it attracts because of our specific circumstances. Your circumstance may be entirely different, so not a problem for you. But do just check the inheritance tax position on your daughter’s flat under different scenarios.

(Cynical me wonders whether the fact that notaire made no charge means that he/she has no responsibility for the accuracy or approriateness of advice he/she gave?)

We use a tontine after we were married, in a purchase almost 30 years ago. As we have left the properties to spouse, there is no inheritance tax. The tax between man and wife was removed in 2007. As we are resident for tax purposes in France, all worldwide assets are within the scope of French inheritance tax. WE have property (and real cash money) elsewhere, this is important to us. We were aware of the tax when we entered into things at the start, but the risk of iffy sons-in-law (which did come to pass, sadly, though a pending divorce will sort that problem out.) was a point we considered.

Thank you all for your help.
Apologies for responding late but the heat got to me.

Even under the Brussels IV agreement and our Mariage Contract my French Notaire is insisting that I have Probate. My main house is protected against the inheritance rules but the two small investment properties are not and French Law takes precedent. This is according to the C.R.I.D.O.N body, who the Notaire’s go to for advice.
Therefore I have had to start the process of Probate.
Which is going to take longer than normal as there is a backlog at the moment because of rate increases. My particular case has been going on over a two year period. I have buyers for the little properties (atm) but cannot proceed without the succession statement. The whole process is extremely stressful and frustrating; which was what my dear late husband and I wanted to avoid.

Many thanks.

Hi Frances

please put your full name on this thread and I will amend your Registration


Hi Stella

Please will you let me know how to do that?

simply type your name into a reply

Frances Hodgkinson