Hi,
Both my parents have passed away in the last 12 months and they’ve left me a gite in their will.
I’ve got an appointment booked with the local Notaire (17th of June) but an wondering exactly what I should be doing in preparation to my appointment and if anyone has any advice.
Thank you in advance.
Sorry you have lost both in such short time scale.
Are they and you French resident (not that it makes a huge difference really). Main issue to think about is whether you want this and what other assets they are leaving you. You get €100,000 tax free and after that you will pay inheritance tax. Initially at 20% but increase with amount.
So you could have a building you don’t want and a tax bill, so perhaps need to think through all of this. And you have to pay tax upfront.
This article explains quite well
How is the gite being looked after since they died? As need to make sure you don’t end up will non payment problems of bills too.
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Thank you Jane, will have a proper read of the attached article.
None of us have ever lived in France, the gite was solely for holiday purposes.
Im on top of all the bills etc, but all still in my parents name. Am also in the process of getting a bank account with Credit Morbihan.
Luckily the gite is only worth about 50k euros max and yes we want to keep it.
Many thanks
Jude
I’m not sure how the inheritance rules work when you also inherit outside France but chances are if only worth €50k there will be nothing to pay. Note if bought a long time ago may actually be worth more now!
Just check that your insurance cover still valid. You have told them your parents have now died?
Welcome, Jude - and nice to know that you will be keeping your parent’s French property. As always, good input from Jane Jones, but maybe your specific question about your meeting with a French Notaire will also help you. I need to make some assumptions, to fill in the gaps in what you have told us.
If this is the notaire that your parents used, that will help you. They will already have a file to start from - and this will include the Acte de Vente that recorded the sale of the property to your parents. Let’s work on that basis.
The first thing that the notaire will want is a copy of the Death Certificate - for obvious reasons.
France and the UK have reciprocal agreements when it comes to Tax. It appears that you are well within the French Inheritance Tax levels, so no problem there. But in the UK the value of the French property will be included in the overall figure for Probate.
So the notaire will require a written valuation. A local Immobilier will do this - and you can ask the notaire to arrange it. The cost is about 150 euros. It is unlikely that the notaire will require a valuation of the contents, is it has just been used as a holiday rental. They will confirm this.
The key thing you will need on 17th June is every supporting document you can think of! This starts with proof of Identity. Your Passport will do the trick. You do not mention any other brothers/sisters, so this will be simple - if you are the sole inheritor.
Next - the notaire will require a copy of the Will [‘Testament’] showing that you are the inheritor. His/her job is to transfer ownership into your name. The notaire does not charge for advice - their bill will be based as a percentage of the valuation. There will be other fixed costs to pay (for registration of the transfer, for example). The notaire will detail all of these to you.
You will probably need proof of your address in the UK; and bank account details (good that you are already opening a French account).
From there, you need to transfer all of the costs for the property into your name & bank account [Taxe d’Habitation (if you continue to rent it); Taxe Foncière; water/sewage; waste disposal; insurance (buildings & contents); internet/phone; electricity]. The contact details for everything will be on the last bills received by your parents.
You will find the notaire to be very helpful - they are not ‘lawyers’, in the English sense. They are paid to calculate and collect tax on property transactions.Hopefully there will not be any language problems?
Bon courage, Michael
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Thank you for your message Michael!
Mum and Dad bought the property 20yrs ago and renovated it and we’ve had many lovely holidays together there so really hoping I can get it transferred into my name without too much hassle.
I’ve met with the Notaire with my Dad after my Mum passed away. The problem starts with the fact that the document the Notaire was sorting to put the gite in just Dads name wasn’t completed before my Dad died.
But I’ve got an appointment on Monday with him and obviously he knows the situation.
I’m taking every document with me I can think of, we had the gite valued last year, that was organised by the Notaire.
I have a brother and have written up a letter stating that he is happy and understands that the Gite is left solely to me, signed by him.
I will print off a copy of Dads Will, the original has been sent off with the Probate.
Also included the gite in my father’s probate.
My biggest problem I think at the moment is getting an appointment with the local bank, they’re not responding to any emails or phone calls.
Once I’ve got the gite transferred into my name I’ll get all the services changed too.
Thank you for your advice, I’m feeling rather chucked in at the deep end.
Currently trying to learn the lingo too…
Many thanks
Jude
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That’s all very helpful, Jude. Thank you. It prompts a few more comments.
Firstly, just a niggle - you keep using the word ‘gite’, but this specifically means a rural holiday rental. However, you have clarified that it was a family holiday home - so therefore there are no concerns about ongoing rental iabilities etc, as Jane had cautioned.
Next - I don’t think that the fact that the notaire has still not completed the transfer into your father’s name is a problem. That has been supplanted by your dad’s death, so it obvs does not need to be completed. You may find that there is a charge made by the notaire for work done to date - although I can’t think that he has actually done anything yet . . .
The next thing is perhaps more tricky. Why do you need a letter from your brother? Are you saying that this is not stated in your mum’s or dad’s Will? This could be critical - can you clarify please.
As far as French banks responding to emails or phonecalls - it’s probably best to just walk in to your branch and someone will help you. They don’t generally operate like English banks, where most of the branches have been closed, and you have to make an appointment to go to the only surviving one!
Best, Michael.
Are you sure? Normally successions have to be concluded before one can move on to the next one.
And french notaires will be very careful about making sure that siblings are compliant with this transfer of an asset because of the forced heirship laws here. It seems a sensible precaution to me.
Hi Michael, my mistake, it’s clearly not a gite, guess Mum & Dad called it that as they holidayed there.
It’s stated in Mum & Dads Will that it’s just left to me… My brother didn’t want it.
Do you think this will cause problems?
It’s an interesting point, Jane - thanks. My real interpretation though, is that the notaire hasn’t actually done anything following the mother’s death. There are no interim phases of documentation, so it appears from Jude’s comment that it has not been done. In which case the notaire can just set about the transfer direct to the inheritor.
But we await Jude’s clarification regarding her parent’s Wills - because (as you infer) there could be a problem if only one of them inherits.
Thanks for the clarification, Jude - your response clashed with mine to Jane. We are both flagging the same problem.
Under French Inheritance law you cannot disinherit a child. It is why most French people do not write a Will. The Tax situation favours a straightforward direct line inheritance.
You will have to be guided by your notaire on this. A notaire will take account of written wishes (even if it is not formally recorded in a ‘Testament’) - but they cannot opt out of the law.
It may be that he can devise something. Or that the property will have to be transferred into both of your names, even tho’ only you use it and maintain it in the future.
Make sure that you stay friendly with your brother - and review the situation in the years to come, as legislation may change!
I don’t think your father can “disinherit” any of his children. So I think and your brother will get half a gite each 
After that your brother can gift you his half and the notaire will put the property in your name. Since, if I remember correctly, the tax free limit for gifts between siblings is 15k, there could be a capital acquisition tax implication on other 10k.
Anyway, don’t worry, the notaire will sort out, but not quickly. I think it took between 12 to 18 months when my wife passed away.
Do you have sufficient French or he English so you understand one another?
Does the will specifically reference that it should be dealt with under UK Law? If so no problems as bypasses the heirship rules.
An excellent point, Jane. Although, as you will be well aware, France has rejected this concept, which arises from EU legislation - and Brussels has yet to produce a ruling to force France to comply. I think that the notaire will handle it as he thinks fit, therefore - because at least there is no potential for tax avoidance , since the outcome is just a direct-line transfer.
It also occured to me that the proposed transfer from Mum to Dad could not have happened as Jude explains it. Her Mum’s half would have to be split into three, with Dad having the right of use 'till his death. Another reason why the notaire has probably not done anything about it?
True, and that solves the CAT issue too.
I’ve had another thought - does anyone know if this would be ‘acceptable’?
Essentially the ownership of a property is being transferred from one person to another (or two people, in this case). Is there any reason why the notaire could not form a company owned 50:50 by them; and transfer the house as an asset to this company (the French SCI arrangement). This meets the Inheritance law requirements. Subsequently, and without any tax liabilities, the brother can then sell his 50% shareholding to his sister for a nominal sum; and she becomes 100% owner of the company asset.
Thank you everyone, definitely answered questions I had. Think I’ve got every piece of paper the Notaire can ask me for… 
My brother and I on very good terms so if he has to be on the paperwork it matters not.
Wish me luck for Monday.
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Bonne courage
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Hi,
I met with the Notaire on Monday, his English was great which was a godsend, (I promised him I am learning the language!).
He requires my Fathers Will to be translated into French and verified by a UK solicitor. I’ve made another appointment to see him in September when we visit again.
He was really helpful, overall a very positive meeting, although he predicts the whole process on succession may not be complete until October 2025.
Also set up a bank account of my own yesterday because the Notaire has now frozen my Fathers account.
Getting things sorted slowly…
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I was not aware that the rejection of Brussels IV had actually happened.
If what you say is true it creates a major problem for my own succession, so any links to the official line would be welcome. Yes, I’m being lazy…