Can anyone give me some advice please.
We have just made our wills in the uk. We are leaving our newly purchased property to my daughter who lives in UK. Is there a law in France, or a stipulation which says any property has to be divided up between siblings, or does a will in UK over ride this in France
Can anyone give me some advice please.
Hi Beverley… in which country are you Resident??
Uk at the moment but moving to Brittany by end of the month
I think you would be advised to visit a Notaire in France and make a Will in which you claim the right to the Brussells (amendment or whatever)… which allows someone to choose the Inheritance Laws of the land of their birth.
Thus, you can choose to leave whatever you have… to whomever… and it shall be done (although your heirs cannot escape paying the French Inheritance Taxes which will become due …)
There is loads of info on this … on the web and here on the forum. It is quite clear that the person must officially choose (UK) rather than French Inheritance Law…
Ok Stella thank you
Just as an addition - as a French resident, French Inheritance / Succession Taxes will apply whatever.
Is there a ceiling on inheritance tax . What must a property be worth for the kids to pay tax on ?
This will help you as a starting point:
And here’s a simulator:
You’d need to get it checked by the Notaire if necessary… but I believe the abbatement is 100,000€ from Parent to Child
5% sur la tranche < à 8 072 10% de 8 072 à 12 109 15% de 12 109 à 15 932 20% de 15 932 à 552 324 30% de 552 324 à 902 838 40% de 902 838 à 1 805 677 45 % sur la tranche > à 1 805 677
and, it relates to the whole inheritance…in whatever country…
If it’s any help I made a Holographic will 2 years ago, as did my ‘ex’. We had them checked over by the notaire as we decided on Brussels 1V European directive 650/2012 English law.
Briefly we used … This is the last will and testament of me (full name, if married also include maiden name) born- (date) in (place). now living at ( current address).
I revoke all former testamentary dispositions made by me.
As a British citizen, and is my right under European directive 650/2012 Brussels 1V, I declare that I want English law to apply to the succession of all my assets.
I bequath to … (full names, dob, place of birth) living at …( current address) list what you want them to have
For all subsequent benefactors do include full names, dob, place of birth and current address, and don’t forget to list exactly what you want them to have.
Don’t forget to sign and date it … Signed by me xxxx the (date)
The notaire checked them out and said that they were fine, she never charged us as she said that we had done all the work ourselves.
My mother also made a holographic will the same way, next week I have an appointment with the notaire and will then find out how easy, or not, it is to get the right of succsssion under the directive!
Thank you very much
Thanks Simon, for the little mum has left I won’t need to pay tax.
I must remember to include her British Bank when I see the notaire, had forgotten about it amidst all the administrative nightmare ! x
Even though our Notaire speaks English she translated our UK wills to french (just in case) no charge, no problem.
Well, that’s a little bit of good news then Ann… you surely need some…
A holgraphic will can only be valid in the named persons handwriting… normally translating (unless written by the named person in French and English) or copies won’t be accepted but things may have changed
Yes Stella, just hoping that everything goes ok tonight and tomorrow…
Je me tourne en rond en ce moment
For the Notaire en verra !
We do not have holographic wills.
Kerry… sorry to presume that your previous questions here on the Forum… and elsewhere… have not given you the answers you seek.
I suggest you go back to the Notaire and the other Legal folk with whom you have been in contact… and ask them to clarify the situation.