I want to move from Essex to France, do I need a French Will as well as a UK Will?
In the UK we have what is known as testamentary freedom which allows for you to leave your worldly possessions to whomever you choose. (Although this is not always an overarching freedom because if you omit certain people from your UK Will they may well be entitled to challenge your Will in the Court after you die.) French succession laws, however, are vastly different.
In France, the process is governed by Civil Law and subject to the conditions of “forced heirship”. French Law puts almost the entire emphasis upon the provision for your children and under French Law regardless of whether you make a Will, your possessions will be distributed in line with set percentages of inheritance based on whether you have one or more children. Under the French system, there is no automatic provision for the surviving spouse and children cannot be disinherited. It is therefore exceptionally important to ensure that you are aware of how your Estate would be passed on should you opt to accept the French system of forced heirship.
Thankfully, under the European Succession Regulations EU/650/2021 (known as “Brussels IV”) you can opt to apply your national Law to govern your Estate. However, this choice must be explicitly stated within a formal document, such as your legally valid UK Will. If no choice is explicitly made, then the Laws of the country that you are ‘habitually resident’ when you die will apply. Therefore if you die whilst ‘habitually resident’ in France, your belongings would be distributed according to French law. However, it is important to note that because the UK opted out of ‘Brussels IV’, a different scenario arises should you die whilst ‘habitually resident’ in the UK. If you die in the UK and have not explicitly stated that you would like UK laws to apply to the succession of any property owned in France, then your French property would be passed down by the French succession Laws, whilst your English based property will be passed down according to your Will! As you can see this area of the Law is complex at best!
Whilst France officially recognises Wills made in accordance with English law thanks to the 1961 Hague Convention, it is advisable to make a separate French Will for assets situated in France. Many English legal constructs such as Trusts simply do not translate across to France and furthermore due to the very different way that an Estate is taxed in France, it may well be financially beneficial to create separate Wills in order to ensure that your beneficiaries are not penalised unnecessarily.
If you would like to discuss including your French assets within your Will, contact Andrew Douglas Wills & Legal Services today. We offer a fully remote service, with a complimentary initial consultation, and are able to offer our professional services not only across Essex but across the whole of the UK! Andrew Douglas Wills & Legal Services are proud to offer a professional yet friendly service, with comprehensive yet ‘down to earth’ advice to grant you the peace of mind that your final wishes will be honoured. Call today to see how Andrew Douglas Wills & Legal Services can help you.
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