Tweedpipe

For those who have a reasonable knowledge of French, there was an interesting tv series some time ago, based on the everyday affairs and problems faced by a registered tuteur. Roland Magdane (a particular favourite of mine) played the main character.
The episodes were filmed in and around Marseille, so have a pleasant Mediterranean flavour. We watched them all, and found most enjoyable, although granted not everyone's cup of tea......
Here's the first episode, very aptly named 'Le Tuteur'.

InVinoVeritas

You might be right ET but it's not quite the way my notaire explained it to me. I thought he told me that French taxes will only apply to French assets.

EuroTrash

The OP's parents live in France so was assuming their assets are in France

jjmb

Yes most of their assets are in France so
the English will does not apply, unless there is something different in it which someone might dispute. However that is unlikely and to be honest, once my Dad dies and all nursing fees are paid, I doubt there will actually be anything left, so it not a concern, other than we might be left with debts. However that would happen with or without tutelle. I am hoping Mum's English neighbours will be appointed as least one of their tuteurs (there can mulitiples) as they are good friends and can be trusted.

Lurcher21

From reading on various sites, I was lead to believe that if we choose to opt for the UK law on disposal of assets we would then be able to choose who inherits. However, this seems to contradict that. Any thoughts?

''The following issues continue to be governed by national rules:

who is to inherit or the share of assets going to children or spouses; ''

InVinoVeritas

Not necessarily as it depends on the interpretation of "national". Your parents, I assume, are British nationals and can therefore have a UK will which will follow UK rules. Bear in mind this is not yet fully in force, does not affect tax (which is based on residence) and really needs a notaire to advise on your circumstances.

dmu

I understand "national" to mean any one of the individual States in the EU. I.e. the French Succession Laws will still govern Successions of French property in France. I.e. children receive equal shares of the French property. Another EU country will have other Laws which will continue to govern in that country....

I agree that a Notaire's advice is indispensable...

cyrian

Remember that this is France
Each country has its own rules and will try to apply those rules.
I had a discussion with a French accountant who stated that if you lived for more than 183 in France then you were tax resident - because those are the French rules. The UK has different rules.
The Double taxation Treaty sits above these rules where the two countries cannot agree.
The point is that a French notaire will try to apply French succession and tax rules even although there are Treaties and EU rules that are different unless you are lucky and find a notaire who is aware of these international rules.
There is a current Treaty that states that if you have a UK will then that should apply in France but it doesn't seem to work very well.
The French continue to do their own thing.

Check this article http://www.connexionfrance.com/how-t...s-article.html

InVinoVeritas

Yes assets in France have to respect the Napoleonic inheritance rules and be taxed in France

TinaBee

If your French (or online translator) is up to it, there is a comprehensive guide of what needs to be done following a death.

http://vosdroits.service-public.fr/p...s/F16507.xhtml

I am currently very familiar with all of this having put together an "in case of death" pack for family who are not familiar with French admin.

The pack contains all the information that I think might be required, including:

Contact details for the Mayor and any local English-speaking friends who may be able to help locally.
Details of potential funeral directors (the funeral must take place within 6 days)
Notaire details
French wills
Family contact details
Funeral preferences
Bank accounts (UK & France) / insurances (medical, health, house, car, etc/ pension details / tax office details

Also, if either of your parents prefer cremation to burial, there are additional rules & regulations to adhere to. In my pack I have tried to include details of English-speaking Notaire and Funeral director to help smooth the process.

Hope this helps
Feel free to pm me if you have any questions

jjmb

Thanks TinaBee for that link, very useful. Haven't had any internet access for the last few days (problems living in rural France).