Probate - French Property & UK Debt
 

Hi everyone, this is my first post. I couldn't find any threads relating to my question elsewhere...

My Father in Law is from the UK but bought a house about 20 years ago in France and has lived in France since.

He owns his property in France outright with my Mother in Law who lives in the UK. She owns a property in the UK. The French property is my Father in Laws only asset.

My Mother in Law is the sole beneficiary of his assets as per his will.

He has credit card debt on UK credit cards.

Will my Mother in Law have to settle these UK credit card debts through French probate?

I'd so, will she be able to settle them once she has sold his house? Or will she need to settle them immediately?

I'm looking for the legal position if anyone has any knowledge of French probate.

Thanks in advance for any help.

Re: Probate - French Property & UK Debt
 

That sounds like a question she needs to ask the notaire who's dealing with the succession. Or perhaps discuss with the credit card company. Presumably, the longer the debt is outstanding for, the more interest will mount up? If the interest does keep running and she can afford to pay it off, why not get rid of the debt. UK credit card interest can be as high as 19%, it's scary how fast a debt can grow.

Re: Probate - French Property & UK Debt
 

Unless it is a joint credit card, I don't believe your mother in law is responsible for the credit card debt. Normally, it is written off by the credit card companies when the card holder dies.

Re: Probate - French Property & UK Debt
 

Thanks very much for your response.

Re: Probate - French Property & UK Debt
 

Are you sure PF? In the UK the executor pays off the credit card bill out of the estate. As you say it wouldn't be recovered from another person if there wasn't enough money in the deceased's estate to pay it, but in this case since the deceased owns a house, presumably there will be.
When my brother in the UK died a few years ago his credit card balance wasn't written off.

Re: Probate - French Property & UK Debt
 

Hi
You say that the house is his only asset but he will also have a bank account and pension income (which will stop).
If he had a private (company or SIPP) pension then your MIL will inherit a widow's pension.
If your MIL doesn't want to get advice from a UK solicitor then perhaps she could ask the Citizens Advice Bureau.
If the debtor has assets in France then the credit card company can put a charge on his french assets that form part of his estate.
If it is too much hassle for the CC company then they will sell the debt to a debt collection agency which will hassle your MIL a lot.
As ET says, all of the above will increase the debt.

Re: Probate - French Property & UK Debt
 

Honestly, I would just tell the credit card company he has died, email a copy of the death certificate and then wait to see what happens. If they start asking about assets then you will of course have to tell them but just take it one step at a time and don't offer information unless they specifically ask for it.

Re: Probate - French Property & UK Debt
 

If they say they'll write it off, please let us know - and I'll try and make sure that the last thing I do before I shuffle off this mortal coil is buy something eyewateringly expensive on my UK credit card and have it delivered to a friend :lol::lol::lol: