Need to make a French will ?

D

davep

Registered User
Messages
51
My wife and I have had a holiday home in France for over 9 years. Recently we made our Irish wills but solicitor said that we would need to sort out the French property ourselves as they had no experience of it. If one of us dies then I heard that can be complications. We have two children (26/29).
Has anyone been through this issue?
 
I haven't been through the process but understand that
- in France you cannot disinherit your children (they have a legal entitlement to a share of your estate)
- i have a recollection that a french will must be in writing and not typed (or maybe the other way around) but can't find where I read this

In meantime see http://www.french-property.com/guides/france/finance-taxation/inheritance/wills/

I would be interested in you posted up your findings on the process etc
 
"The most common way to make a will in order to dispose of property located in France, is to write the will (in French) on blank paper and add a signature to the text. The will is put in an envelope by a notary, who registers it in the French will database. Such a will must be made in France. To dispose of immovable property in France, the will can be made in the country of residence of the testator, according to his/her local laws; however, such a will is only valid in France after an official translation into French."
 
French law is very different to ours at the moment. There are a few ways in which you can 'disinherit' your children and ensure that your spouse inherits the property. We purchased en tontine for example when we bought in France some years ago, but really you are best to visit a notaire and go through your options. They will be able to advise you of the method best suited to your circumstances and the tax consequences. You should then ensure that either your Irish will does not refer to the french property ( as in excludes property overseas) or is tailored to mirror the French position. Once you go to the French notaire and get the French position regularised, make a return visit to your Irish solicitor and tell them what you have done in France to ensure no crossing over.
 
I think that there may have been Europe-wide changes to cross border inheritances...basically the law of your home State overrides the domestic law. So, if France have signed up (which I think they have), you could now disinherit children. Ireland did not sign up.
 
The new law came into effect August 2015. I had presumed that just your Irish will would suffice, but you would need to clarify this.


[broken link removed]
 
As far as I am aware, even if Brussels IV is enacted in France ( and I don't know about this), you need to elect for it through a will etc. So really still best to seek advice from a French notaire.
 
You must log in or register to reply here.
Back
Top