Preparing for difficult times

[elsie]

Briefly, regarding wills stating a distribution according to English rather than Napoleonic, my understanding is it clearer if it includes a statement similar to
Je déclare en conséquence et en vertu du règlement européen (UE) n° 650/2012 du 4 juillet 2012, relatif à la compétence et à la loi applicable en matière de successions, choisir le droit anglais pour régir l’ensemble de ma succession, écartant ainsi expressément le droit français sauf pour ce qui concerne la validité formelle du présent testament, rédigé entièrement de ma main en France où je demeure.

But, from https://www.frenchentree.com/french-pro ... in-france/
"in 2021 a new law was introduced in France, which is contrary to the EU Succession Regulation. It means that in certain circumstances, the election of English law can be overruled by the notaire dealing with your succession in France, if your children do not agree with the terms of your Will."
see also https://www.french-property.com/news/ta ... estigation for more detail

Regardless of the distribution, the taxation of French property and worldwide financial assets will be use French allowances https://www.french-property.com/guides/ ... liability/

[Sparkle]

Just looked up what is written in our English Wills:

7. Declaration
I DIRECT that as far as the EU Regulation 650/2012 applies, that the succession of my estate wheresoever situate is governed by EnglishLaw (material law) as that is the Law of the country of my nationality, regardless if it is not coincident with the country where I reside at my death.

We don't have children but at the time MIL was alive and OH had a brother & sister. He always had this thought that if he snuffed it before his mother and then she snuffed it a day later then is brother & sister would pick up what he said was his hard earnt money and he was having none of that - a family that didn't get on with one another at all!

[niemeyjt]

Don't worry - we had similar when B-i-L was still alive.

This thread has prompted me to review wills - I guess that clause can now go.

[Hotrodder]

A couple of years ago we were reading a similar thread on a forum and decided it was about time to get something written down. The statement "just see a notaire about it" makes me laugh. Finding one is not so simple as people would have you think. Yes, I know there is a website to help locate a notaire, and it often states which ones supposedly speak English. Take it with a grain of salt. We were at the time paying an annual fee to an organisation that claims to assist people new to Brittany with problems they encounter, bureacracy, setting up accounts, etc. We asked them to suggest an English speaking notaire to help us with wills. No response for over two weeks then when they did suggest one it was hours away. We found one close on the website and made a RDV and after explaining our situation the wife was told the notaire would contact her for a further RDV and I was told I didn't need a will at all. We never heard another word. So the wills are on the back burner again. We are both mid 70s and have bugger all in the bank anyway.

[niemeyjt]

A couple of years ago we were reading a similar thread on a forum and decided it was about time to get something written down. The statement "just see a notaire about it" makes me laugh. Finding one is not so simple as people would have you think. Yes, I know there is a website to help locate a notaire, and it often states which ones supposedly speak English. Take it with a grain of salt. We were at the time paying an annual fee to an organisation that claims to assist people new to Brittany with problems they encounter, bureacracy, setting up accounts, etc. We asked them to suggest an English speaking notaire to help us with wills. No response for over two weeks then when they did suggest one it was hours away. We found one close on the website and made a RDV and after explaining our situation the wife was told the notaire would contact her for a further RDV and I was told I didn't need a will at all. We never heard another word. So the wills are on the back burner again. We are both mid 70s and have bugger all in the bank anyway.

Sent you a PM

[Hotrodder]

Thankyou mon ami.

[Spectrum]

Interesting thread at the age of 49 my DW had a very serious stroke, it has left her paralyzed in her right arm, fortunately she was a south paw, also partially paralyzed in her leg, a stroke not only effects what you can see but it has effected the way she is, the way she gets confused, she cannot get the words out correctly, its is a laugh sometimes with these made up words but can be very frustrating for both of us if she is trying to tell me something, so If I go first she is well and truly buggard, we only have a daughter now, fortunately she would be able to sort things out, but the idea of a booklet du Mort is a good idea.

[manonthemoon2]

I did our reciprocal English wills after having a translation client who had to pay us an arm and a leg to translate the FR probate doument to collect just £5k capital in the UK. No need here as we did a marriage contract which enables the FR side to be dealt with easily. Easy enough to download a simple GB will from tinternet, provided there aren't children from a previous marriage.

We are in the process of trying to draw up wills. Is their an internet form/will that can be downloaded to include children from a previous marriage? We have one child between us and I have 2 children from a previous marriage.

I believe in English law all three children could receive equal share of our estate so if it is possible, would prefer an English will to be lodged in France. I believe this is acceptable?

[Lori]

Trying to delete duplicate post.

[Lori]

We just had an appointment with the Notaire to discuss a last testament. First of all, yes, you can have a document drawn up to designate you would like to your foreign Will to be followed as it would in your home country. However, you cannot disinherit children by French law AND the inheritance taxes will apply in France. They cannot be avoided. Children from a previous union (married or not) cannot be disinherited either. Percentages are drawn up to cover all 'known' children. Documents should also include the stipulation that the surviving spouse can remain in the family home until they die. However, IF the surviving spouse wishes to sell the house, he/she must have the agreement of all children. If agreement is made, each child and surviving spouse will be told what their percentage of the proceeds will be. Apparently, if you die in France, while domiciled in France, none of the above can be changed no matter what you foreign will states.

When asked how France would know about all global assets. The answer was that a thorough search is made. And when asked how retirement/pension accounts that already have a legal beneficiary will be handled, we were told that if taxes were paid on that in the foreign country, they would not have to be paid again in France. But, when asking specifically whether France would try to split these funds amongst children when a legally designated beneficiary is in writing (in our cases the surviving spouse), the answer was that it could get complicated, but that in principle, the stated legal beneficiary should remain the only beneficiary on those accounts. All other assets will be split amongst surviving spouse and known children.

We were there for an hour and a half. It was eye opening. He went over SO SO much.