Question on Wills

Logically - things could simply revert to how there were before 17 August 2015 when the European Succession Regulation was adopted. Although, provision may be made in the Brexit negotiations - no one knows at present.

Don’t confuse succession and taxation. Whatever happens, as a French resident your estate will be dealt with under French taxation laws - just as it is now. The legislation adopted on 17 August 2015 simply gave the option for the law of the nationality of the deceased to apply to the administration (not the taxation) of their entire estate. It’s a way around forced heirship but not around French taxation.

Melou…

UK did not sign the agreement… therefore UK Will is not applicable for French Resident…(even with UK Nationality).

UK Wills apply to only UK Residents (of whatever Nationality).

A Will made in France for a French Resident (of whatever Nationality) must follow one of two paths: Either Estate is to be divided as per French Succession Laws… or Estate is to be divided as per Inheritance/Succession Law of the Country of Nationality of said French Resident.

The choice of which Country’s Inheritance (Succession) Laws are to be applied to the said Will, must be clearly and correctly stated in the Will when it is drawn up for the French Resident. The French Notaires are well versed in this and will ensure that the Will is written correctly.

A French Resident is a French Resident… no matter which is the country of that Resident’s Nationality. and Inheritance Tax at French Rates must be applied to the Estate of a French Resident, of no matter which Nationality…

I cannot really see how to make it any clearer.

Stella is absolutely correct - Brexit will have no effect on the recent welcome EU regulations, as France remains in the EU - the UK’s status is not relevant.

Due to complications with stepchildren the forced inheritance thing has been a continual worry for us, but the Brussells IV protocol changed all that. We took advice directly from a Notaire who left us in no doubt that we can apply UK sucession law & that it will not change in the event of the UK ceasing to be a member of the EU. However, he also confirmed that the French sucession taxation treatment of stepchildren is very unfavourable, it being 60% after a paltry abattement of about 1500€.

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Thank you Jonathan… :blush: