Hello Everyone,
My dearest brother died recently and I have to get Grant of Probate for his Will assets in Jersey.
I live in Paris and have no idea who can do this in France.
Solicitors do it in the UK but I can’t get there at present.
I know someone posted a similar problem to mine on here a few years ago and found a retired UK solicitor living close by in France.
Can anyone help me ? I’ve looked for a UK solicitor practicing in France but can find any…
A big thx for any assistance
Your local Maire, Bank, Notaire ?
I know the local Maire or bank can’t do it Graham . perhaps a Notary Public who understand English but I’ve been told that this may not be accepted. …
Wondering if anyone has already come across this situation.
Whoever is requiring the sworn oath, do they have a view on who is eligible to counter sign/witness? Have you asked them?
My solicitor has asked Jersey court and they say a solicitor !
I’ll have to get back to her and ask if a Notary Public here will sufffice …
I’m not sure that a Notaire can be regarded as a Notary Public in the UK sense… see here but they certainly have a rôle in matters legal appointed by the Justice Minister… It’s just a question of recognition by the UK/Jersey States legal authorities.
why not ask your local Notaire … they will know what they can and cannot do and will be able to suggest whom you should be seeking … if necessary.
For example… a retired Police Officer, Teacher, Doctor, Professional, Maire etc al can witness important things like POL certificates so why not witness a probate document?
I seem to recall getting a probate document signed in UK by a retired engineer when dealing with my MIL’s affairs after her demise. Perhaps the person requesting the signature doesn’t understand the legal status of some functions here in France… A mayor in UK/Jersey does not have the same legal status as in France…
if it is just signature to be witnessed the maire can certainly do as they witness that i hven’t died and should continue receiving my pension
Had similar problems few years ago with having to have legal docs signed and witnessed. I too had to obtain more info about who ‘they’ would regard as acceptable witness etc. Eventually it was agreed that a local solicitor would be acceptable provided they were ‘registered in France’ , had a website (so they could be verified) and were able to supply copies of letter heads etc.
It is a nightmare when you seem to encounter ‘the computer says no’ tick-box attitude. Ask your solicitor who she has actually spoken to, and ask her to go higher up the food chain…
Good luck with all the paperwork, - it’s always harder to deal with it at a very emotional time - bon courage and sympathies.
Notaire is your best best. It used to be possible to have one’s signature guaranteed at the Mairie
but they aren’t supposed to do it any more.
Thanks everyone !
For probate or Power of attorney in the UK, Isle of !an and Jersey I’ve just had confirmation that a bilingual Notaire OR an English lawyer in Paris (even if he/she is not practicing in the UK but is registered with the Advocate Bar in France) can witness or counter sign all documents.
I’ve found a pleasant English lawyer here in Paris who can do this at a reasonable price (less than 2 English speaking notaries quoted to me).
It’s extremely difficult to sort out inheritance matters from afar!
if anyone is interested I have got an excellent UK lawyer dealing with IHT affairs in GB , a lovely solicitor in Jersey and Isle of Man and know of an excellent English lawyer in Paris who takes care of tax inheritance in France. None of them are charging me an arm and a leg…
Yes Anne , you are right.
It’s a very difficult time & getting the right documents done and signed for inheritance purposes is a nightmare.
My brother didn’t have loads of money but he ferreted it away in various accounts and I’m dealing with that whilst mourning my dearest brother and friend in life.
Thanks for your info.
All the best , Jill
Hello Jill,
I have just read your original post and wondered if you are aware of applying for probate online. I found it made the process easier and it did not require a separate sworn oath as this is all included in the application.
I wish you well at this difficult time.
Yes, thanks Sarah. I know the online procedure but there are caveats & I’m giving Power of Attorney to the Jersey solicitor too which needs witnesses to my signature from someone who can swear oaths.
Thank you for your sweet suggestion… everyone has been so nice on this site & its comforting to have heard from everyone even if I eventually found someone here in Paris myself.
Its so devastating to lose a loved one and have to deal with admin of their lives & Wills immediately & from afar in these days of Covid …
Take care & thanks again , Jill
Dear Everyone,
I just thought I would let you know that a French Notary Public is not allowed to authenticate any document (ie ID, Passport) by opposing his stamp and writing any phrase IN ENGLISH.
He/she can only write « copie conforme… » in French.
Any legal documents (Power of Attorney etc) that need to be counter signed or witnessed by someone « authorized to swear oath » in France (solicitors do this in the UK), is diificult.
There is one non practicing UK solicitor in Paris who practices under the French Bar (nr Gare St Lazare) , who CAN do this m she used to work for the Br Consulate here when they actually used to help Brit citizens!
This may help anyone found stuck in France and dealing with any UK, Jersey, IOM legal matters…