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Q. Is the Will I have in the UK be acceptable here in France, or do I have to make
a French one?
A. It is usually advisable to have two separate Wills if you have assets in the UK
and France. Trying to prove a French Will in the UK or an English Will in France
may mean that the process will be slower and more expensive. There is also a risk
that a UK Will may contradict mandatory French inheritance laws. Accordingly, it
is highly recommended to have two separate Wills. You should also consider
instructing a qualified French solicitor to draft your French Will.
Q. If so can I do it myself, similar to my UK one, have executives and have it
witnessed?
A. Your French Will can simply be handwritten. This is called an olographic Will
or "Testament Olographe". Such a Will is perfectly valid so long as you entirely
hand-write, date and sign it. There is no need for your signature to be witnessed.
You can appoint some executives, but this is optional.
Q. Do I have to send the original anywhere here in France, or keep it in my safe
and let my Executives know where the original is?
Your Will should be kept in a safe place and you ought to let your executives
know where the original is. You can have your French Will recorded with the Last
Will and Testament's Registrar ("ADSN") in France. This ensures that, in the event
of your death, any notary dealing with transfer of your French property will
become aware of your French Will's existence (not necessarily your French Will's
contents though). There is no legal obligation to have your French Will recorded
however.
Q. As it will be in English, will this suffice the French authorities or do I need to
have it French?
A. A Will written in English is perfectly valid, but translation into French, by a
sworn translator established in France, will eventually need to be arranged. The
notary in charge with your French Probate should take care of this. Alternatively,
you can instruct a solicitor to draft your Will directly in French.
Q. If I want to leave a legacy to a charity and say it’s an English one, will the
charity get the proceeds free of all French Taxes?
A. Gifts to Charity can be tax-exempt provided the Charity in question is
"Reconnue d'Utilité Publique", i.e. recognised as being of Public interest, by the
French Government. The Charity would need to be registered in France in order
for such recognition to be granted.
Q. Is it possible to set up a Will trust here in France like the ones in the UK, so that
both spouses can use the IHT exemption?
A. The French Parliament recently enacted a law that finally institutes the
“Fiducie”, the equivalent of a trust under Common Law. It allows an independent
patrimony to be created that is not that of the settlor but which does not form part
of that of the fiduciary either. Indeed, the latter is obliged to keep the transferred
property, rights and securities separate from its own patrimony, which was
impossible under French law until recently. Only legal entities, such as Limited
Companies for example, may create a French Trust however.
Q. Do I have to list worldwide assets, or can I use my UK Will to dispose of these
items and the French one just looks after the French Assets?
A. Unless you are domiciled in France for tax purposes at the time of your death,
your French Will should only cover your French assets and you can leave your UK
Will to deal with all other assets.
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