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Making a will regarding French Property

7 replies

ParisProperty · 01/10/2018 20:25

I would be really grateful if anyone can help, or point me in the direction of simple, straightforward advice that won't cost a fortune.

DH and I bought a small property in France. We have a mortgage. We want to leave it to our child in our will. We have no other assets in France.
Does anyone know whether we can add this to our UK will or if we have to make a separate French will?
Child is currently living in the property and will remain there indefinitely.
Child will contribute to mortgage payments in due course, once earning enough.
Would it be better to gift the property to child before we die, once they can pay the mortgage independently?
Thanks in advance to anyone who can help.
I have a life limiting condition and want DC to be be settled and provided for sooner rather than later. Hence our decision to buy now rather than rent.

OP posts:
NewIdeasToday · 02/10/2018 18:42

French inheritance law is very complex. You need to pay a solicitor to give you proper advice and ensure things are planned properly.

randomsabreuse · 02/10/2018 18:44

Agree French inheritance law is complicated- you cannot exclude children entirely - might be easier if one child only... would suggest a visit to a notaire or avocat to confirm the best course of action!

whataboutbob · 02/10/2018 21:59

I believe French law has recently been modified in that foreign nationals can choose for their France based estate to be passed on according to the testatory law of their country of origin. If you have a child however and that’s who you want to leave your property to my understanding is that under French law that’s exactly what would happen. But I agree with PPs, best to visit a local notaire who will talk you through the options and explain french inheritance tax ( should be on a lower band as you are leaving to your son, btu there’s likely to be tax to pay). Good luck.

ParisProperty · 02/10/2018 22:01

Thank you. I have read as much as I can find and am going to talk it through with a French solicitor. It isn't worth getting it wrong. It will probably be expensive.

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whataboutbob · 02/10/2018 22:08

A notaire should be able to give you the information you need and in my experience should not be too expensive eg for an hour of their time ( I had dealings with them as my grandparents were french and I had to administer their estate). As you probably know, they are not the equivalent of a British solicitor and one of their main roles is to collect tax. Strictly speaking they are not a acting for you and in your best interests, but for the French state, it’s also not unknown for them to be predatory eg in offering to buy property off clients ( they can also act as estate agents) so just be a little wary.

1099 · 03/10/2018 08:03

Who is your mortgage with, we used the Credit Agricole Britline service, and although they mainly advise on the banking side of life they have been able to steer us in the right direction on a similar matter.

ParisProperty · 03/10/2018 08:07

Ours is with BNP.
I think going back to the French solicitor is going to be the best option tbh.
Thanks to everyone for replying.

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