jvc

Just on the back of buying our first french home, we also need to look at our Wills. We will need them, as we have no children, so have to ensure legally we each have the right to the ome if anything should happen to either of us?
Can anyone advise on prices? I have spoken to a Notaire who suggests in the region of 800 euros? I can't believe this is right, maybe someone can reassure me on this? I know there are variables on what the Wills should include, but this surely cannot be right?

dmu

Hi, before any one can advise on wills in France (and the Notaire is the best one for advice when you buy the property), are you married or in a civil relationship? If not, the surviving partner must pay 60% Inheritance Tax if he/she is named as heir. Have you got brothers and sisters? Siblings or their descendants might create problems... Consult the Notaire before you buy the property! French Property and Inheritance Laws are different from in the UK...

jvc

Yes married, no children and I do not have brothers or sisters. My husband has 2 sisters. No step children or anything involved. I am assuming then the 60% inheritance tax is for couples living together out of wedlock?

cyrian

It is not uncommon in France for the notaire to overcharge initially and then refund any excess.
This happened to us and it was a total surprise when the refund arrived.
I think that they cover themselves and charge initially for the worst case scenario.
They should all work to a set of scale fees.
Have you declared a marriage regime in France?
Our notaire noted that we were married in the UK without a contract of marriage
The marriage regime is stated in the Acte de Vente and is used for disposal of the property on sale or death.
If you declare a marriage regime of "communaute des biens" then you have joint ownership and on the first death the property falls to the second party.
You can also go for a "clause tontine" which has a similar effect.
Have a look here: http://www.notaires.fr/notaires/en/home
In theory, if you have a UK Will then french law should recognise this but you should reference this in your french Will.
You could state that your french possessions would be dealt with by your french Will but any UK assets will be dealt with by your UK Will.
That is the theory but getting a french notaire to understand this and comply with it may be a problem.
I agree with DMU comments.
Your comment on the 60% tax is correct - out of wedlock or non-pacs'd.
If your OH's sisters inherit the property then they have to pay the tax - even if that is before the property is sold.

dmu

Inform the Notaire of the sisters. And yes, the 60% tax is for couples who aren't married or "pacséd". Many "partners" who buy jointly aren't aware of this...
P.S. further to Cyrian's post. Siblings pay Inheritance Tax at a lower rate, but still high!

jvc

Thanks Cyrian. We have UK laws which the Notaire did say covers finances in the UK, and in France. None of this needs worrying about before th Compris de Vente then, just before the Acte de Vente?

Tweedpipe

€800 sounds to me like a real rip-off. I believe ours was around 120 two years ago. A quick Google show that prices vary between 110 and €140
Check THESE links. & HERE

jvc

Yes I think so too! Can we do this with another Notaire before the Acte de Vente? Sounds like it gets complicated if we try and start using 2 Notaires?

cyrian

You don't need to use the same notaire as the seller.
If you use a different notaire from the seller then they share the work and they share the fee.
They don't really like that but it doesn't cost you any more.
I can't remember exactly but I think that you can still cancel the deal after the Compromis but there is a penalty to pay (unless you are unable to get a mortgage).
Check the Notaires de France english site where it discusses the different stages.
In France it is not like in the UK where you have your solicitor but we were getting other advice at the same time and we used our notaire for the purchase.

jvc

Ok thanks.I meant...if we use a Notaire for the purchase, we may need to use a different Notaire for the Wills. The Notaire we have chosen for the purchase has been very good so far, and know the Wills etc would need to be sorted before the Acte de Vente. If this 800 euros is correct, we won't be using them for the Wills as well as the purchase, that's for sure. Does that just complicate things?
I am thinking I must have the wrong end of the stick with those fees.

Chatter Static

I agree we paid 200 euros thereabouts for for ours.

Jvc there is nothing to stop you shopping about the Notaire's it is something that can be sorted after the purchase.

jvc

Oh that is great! As long as we don't hang around doing it then!

jvc

Actually, I am doing alot of research on this whole Wills thing today. I have just read that these ideally need sorting before the Acte de Vente? Any ideas? We would hate to get something like this wrong,

cyrian

Not really sure why.
In France there are strict rules of succession e.g. you cannot exclude a child from inheriting.
All children (including previous marriages and illegitimate) have an absolute right to inherit.
I really don't know what happens if there are no children and only siblings.
My understanding is that having a Will simply speeds up the process which will proceed in any case.
Normally the spouse does not actually inherit the house but simply has lifetime right to possession. The ultimate ownership is with the children.
That is why you go for joint ownership - to delay the right of succession.
God knows what happens if there are no children only sisters.
The french will have a rule for this.

dmu

It's logical to use the same Notaire who is dealing with your purchase, to draft the Will. He/she will have all your personal data and marital situation for the sale, and will know how best to protect you both. An equally competent but different Notaire means wasting time (and money) as he/she'll have to study your situation from scratch.
As Cyrian says, the French have Laws for all contingencies and the Notaire is best placed to interpret them in every one's best interest...
Consult yours before signing the Compromis de Vente, to be reassured on the subject.