Executing parent's will

Banking & Financial
1

Morning all,

My elderly mother is a British citizen but has been living in France for the last 22 years when she and my father retired there. Dad died 8 years ago and so now mum lives in France alone.

Sadly, mum has been diagnosed with a terminal illness and is undergoing palliative treatment only.

She has written a will in France which expresses her wish to split her assets 50/50 between my brother and I. The two of us are both British citizens living in the UK (me in England and my brother in Scotland in case that makes a difference).

Mum has assets in France of a car, home and bank accounts with a French bank but she also still has assets in the UK in the form of a bank account with the Cooperative bank, and, I believe, an account in the Isle of Man.

Some of these accounts may be solely in her name, and others I suspect will still have dad’s name associated with them.

I’m looking for advice about when her will is executed ensuring that all of her assets, regardless of location, are included as is her desire.

Does her French will cover assets outside of France or does she need a separate additional will to cover the UK? And a separate one again to cover the Isle of Man?

I presume we will need to get solicitors involved to sort out this mess when she passes, any recommendations of good solicitors that can cover complex cases like this quickly and inexpensively?

In short help!

Ian

2

Hi, welcome to SF.

I can only talk from my own experience but we made our wills with a notaire and he put them on the central registry. If something happened to me, I would expect my OH to go and see the notaire for help with my estate. We chose an English-speaking one because my OH isn’t confident in French.

Our wills include bank accounts in the UK, as I understand it.

Did your mum go to a notaire to make a will or has she written something herself?

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Hi, I believe her will was registered with the notaire where she lives in Normandy but unfortunately I don’t think they’re bilingual (and my French is close to non-existent).

As I say, I’m expecting to get a specialist solicitor involved!

Thanks for your response!

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If this helps, the website for notaires here lets you filter your search by area and criteria like the location and which languages the notaire speaks. AFAIK it doesn’t tell you what they specialise in.

I expect other people here know more than I do.

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First thing I’d do is call or see that notaire. Just to be sure they don’t have enough English for you to work with, as they might surprise you..

I am sorry for your news.

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6

If your mother is a French resident then the procedures are carried out here in France with a French notaire. If she just has 2 children this will probably be quite straightforward.

Use deepl to translate this

Presumably you/your sister will be in France to organise everything? Note that the funeral must take place within 5 days. Where about are you?

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I think Ian has a brother.

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I understand that mum has made (and paid for) funeral plans but honestly I don’t know what they are or how to find out!

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Is it possible to talk to your mother about it at all?

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Chances are that she went to closest funeral parlour? Perhapsask them?

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Absolutely, I intend to talk with mum about it.

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Agreed. Will probably do this.

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You’re right Sue, but it’s an easy mistake to have made :slight_smile:

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I live in Normandy so if she is anywhere nearby I would be happy to try to help.

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15

Hello Ian - welcome to SF, and sorry that’s it is with the (very understandable ) problems that you face.

I have acted as an Executor for two friends here. So may I offer my ‘pennorth of advice from experience?

It helps to understand the basics. As your mum lived for 22 years in France I think we can assume that she was “fiscally resident” here - that is to say, her annual tax returns were made to the Impîts here in France (the equivalent of the Inland Revenue in UK).
This simplifies many things: the two most important are 1] Her ‘estate’ will be settled in France, under French Law; and 2] The French do not normally make Wills - they just follow what the Inheritance Laws set out. Basically - this means that the children inherit without question.

So in your case, you and your brother are in the perfect, and simple, situation. There is no need for a Will to be written - unless your Mum wanted some provision outside of this fundamental arrangement.

I’ll keep things simple. Your mum’s global estate will be ‘settled’ under French law when the inevitable time comes. This will be undertaken by a Notaire. These professionals are similar to UK solicitors, but only function in all areas of ‘property’ - house sales, land sales, sale of goods chattels, that kind of thing. However - they are also employed by the State to act as Tax Collectors. The Impîts rely on them to assess and collect all Tax liabilities (although, inevitably, they may dispute the notaire’s assessment if they do not agree with it, or think he has tried to ‘fiddle the books’).

When the time comes the notaire will require you and/or your brother to supply all the info they need. This starts with the Death Certificate (which the funeral director will obtain and give you multiple copies of); your mum’s and dad’s Birth Certificates; both of your Birth Certs and Passports (proof of ID is vital in France!); the Acte de Vente for their house (which proves she owns it); and Statements for Bank Accounts. The notaire will temporarily close her/their French bank account; and will contact her Coop bank. Between you me and the rose bush I would keep quiet about an IOM bank account - unless, of course, there is a fortune stacked away there.

You do not need a Will to do any of this. It will just happen automatically. If your mum’s Will does just leave everything to you and your bro, as you say, this is not “a mess” as you suggest. Again - don’t produce it to the notaire, there is simply no purpose if it is as simple as you say: it will just give the notaire a chance to charge more!

Because your parents have UK assets you will need a UK solicitor to tie ends up there. My personal view would be to separate this from the key French necessities - don’t get a UK solicitor involved with a French notaire; once again it will just increase your costs on both sides of the channel for no reason.

Any questions? . . . . best wishes, Michael

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Michael,

Thanks for this very detailed explanation, it helps a lot. I would not have considered bringing my birth certificate with me when I come over to France and so that at the very least has saved me!

Regarding the IOM, don’t tell the rose bush but there is, as I understand it 100 grand there, so I am not keen to ignore it
 Can you expand on why it’s not a good idea to mention it?

Again, thanks for your advice, I think it has been very helpful.

Ian

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Overseas accounts held in the French tax resident deceased person’s name are subject to French tax if declared. My friend got caught for thousands with a UK account her dead husband held which she had to declare to the Notaire for succession. IOM probably would be taxable too as part of her worldwide wealth

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The IoM has tax agreements with France and seems to echange information on taxpayers. This from iombank may be helpful.

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Thanks Ian - I will PM you later today.

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PM sent.