beigey

I want to write my will ... do I do this with a notaire in France or is there some other process? TIA

dmu

Hi,
Single people without complications can write out their last will and testament by hand if they want, but since you are married and expecting (I think?), you should consult a Notaire for advice and, being an unbiassed official, he'll draw up a Testament to protect every one's best interests.
Welcome to the complicated French Inheritance Laws!

beigey

thanks, yes, I am married and little one is due in April.
DH thinks I am a bit mad for wanting to write a will now - I agree for some people its hard to think about but I feel its important especially with children involved.

cjm

It's never wrong to write a will. But it is ensuring we keep them updated as circumstances in family life change.

G-J-B

My partner and I are looking to have one done soon as well - I believe it is something that needs to go through a notaire if you're PACsed/Married and/or with kids.

Inheritance is harsh in France, although I've found the French often transfer property to their children before they exit the stage (when/if possible), before the state takes it all... I can't remember the details, but I think once every 10 years or so, there is a chance to pass over money or property, and as long as the giver doesn't pop their clogs within 7 years, I don't think there's any tax to pay. I suppose you could always go to New Zealand where I hear your offspring can keep 100% of their inheritance!

dmu

A lot depends on what your antenuptial settlement was - "communauté réduite aux acquêts", "séparation de biens" , "communauté de biens"... If you chose the first one, then you can dispose of all property that you owned before your marriage, as you wish. With the second, all your property, before and after marriage, is yours to dispose of. If you were married under the "Communauté de biens" régime, then your OH is joint-owner of your property...
And the "donation" is an excellent idea, making over a percentage of property to spouse or children over the years and hopefully living long enough to enjoy usufruit. This is what we've done with our house and there'll be no inheritance tax for the children to pay, since they own it now and we have usufruit. "Donations" are also useful if there are children from a previous marriage, but that's another story....
Anyway, the Notaire will advise you best.

P.S. to Gav. All the above waffle about antenuptial settlements concerns married couples, you'd have to find out the situation for pacséd couples.

beigey

I am familiar with the donation partage, usufruiter as that's the case with our house ... we are the owners ... just gotta keep an eye on my MIL for another 5 years

Am wanting to write a will more for the issue of custody of my little one if anything was to happen to me or DH ... I am wondering now if it would work outside of France or if I would have to write 2 wills?

Its an issue for me as my family live ALL over the place US/Middle East/UK etc so would want to specify legal guardians etc ... nice topic eh?

dmu

[QUOTE=beigey;8364543]
Am wanting to write a will more for the issue of custody of my little one if anything was to happen to me or DH ... I am wondering now if it would work outside of France or if I would have to write 2 wills?

Sorry, no idea about this, but I'm sure you wouldn't be able to decide on your own and it would be a document signed jointly by you both.
Le Notaire is your friend.....

dmu

Hello again, I've just talked about this with my OH (retired lawman). He says that, whatever provisions you make for the custody of your child(ren) if, heaven forbid, you should both die in an accident, it is a Judge who will have the last word. He will take your wishes into account, as "recommendation", but will make the Decision as to what he thinks is in the child's best interest.

The Notaire will tell you all this in greater detail, I just wanted you and any other interested members to know beforehand!

cyrian

Wills written in one EU country should be recognised by other EU countries.
However, certain terms and expressions may not exist in the other countries e.g. if you leave money "in trust" in the uk - the french do not understand that because they don't do trust. Better to write 2 wills and cross reference them.

Eric999

If you have an existing UK will, will this suffice in France or is it best to have one 'done' in France too?

cyrian

Wills written in one EU country should be recognised by other EU countries.
However, certain terms and expressions may not exist in the other countries e.g. if you leave money "in trust" in the uk - the french do not understand that because they don't do trust. Better to write 2 wills and cross reference them.
If you are buying a property then you need to consider your marriage regime which is declared in the purchase document for the property. While the UK Will is possibly enough, the lack of a french Will will possibly delay the final settlement of your estate. Inheritance and Inheritance Tax are different in France. Try this site http://www.notaires.fr/notaires/jsp/site/Portal.jsp If you are buying a property and declaring a marriage regime then you can make a french Will at the same time.