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:fr: Drop in for a natter about anything French related.
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hughnique
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Location: Canterbury

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#11 Post by hughnique »

Lori when you say "us" is that 400€ for you and another, we have not been advised the need to have a translator involved although it has been an issue in the past

Lori
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Location: Dordogne

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#12 Post by Lori »

It was for me and my husband.

hughnique
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Joined: Mon Aug 23, 2021 1:47 pm
Location: Canterbury

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#13 Post by hughnique »

Well you done well there albeit that is the figure mentioned on a government website as being the going rate, this one was 400€ each,

niemeyjt
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Joined: Mon Jul 12, 2021 6:34 pm

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#14 Post by niemeyjt »

There was someone near Colchester doing wills - esp where under English law - let me know if you need details and I will try to find for you.

I wont post here as I am sure she wont want spambots picking up her details.

L Austin France
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Joined: Sat Sep 04, 2021 1:47 pm
Location: sw 29

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#15 Post by L Austin France »

We have handwritten wills stipulating UK law. The house is in Tontine.
Mme assures me that any French tax payable when one of us pops our clogs is only attributable to assets held in France.
Is she correct?

exile
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Joined: Mon Jul 12, 2021 9:57 pm
Location: Auvergne Rhone Alpes

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#16 Post by exile »

It is certainly true for buildings and land. I am not so sure about liquid assets.

Edit to add: I would still make sure these assets are mentioned in your French will to avoid any transnational confusion.

elsie
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Joined: Tue Jul 13, 2021 11:11 am

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#17 Post by elsie »

European Regulation n° 650/2012 of 4 July 2012 only allows opting for the succession law of another country. It does not mention taxation.
In outline, my understanding is if you are tax resident in France then taxation will be according to French rules for worldwide liquid assets and property in France. I believe there is an agreement between England and France to exclude buildings and land in England and they will be taxed according to English law (and vice versa)

see https://www.blacktowerfm.com/wills-and- ... in-france/

hughnique
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Location: Canterbury

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#18 Post by hughnique »

As mentioned earlier, I did send this notaire an e-mail on their contact page, but contrary to what I believe I saw about confirmation of receipt, I have yet to receive anything at all, I don't want the old oh we never received that trick and we have drawn up all the paperwork now. Even an LRAR letter is only proof that an envelope has been received, so what to do now ???

elsie
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#19 Post by elsie »

Regarding succession, the French introduced another law, loi n°2021-1109 du 24 août 2021, which modifies the 2012 law for distribution in wills written under the laws of other countries. As I understand, in outline, it allows for French heriditary reserve rules to be applied. So, for example, diinherited children can claim their portion of the estate.
But this can cause problems and delays, e.g. https://avocat-droit-succession-cahen.f ... francaise/

hughnique
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Location: Canterbury

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#20 Post by hughnique »

Still battling to get my head around a problem that might not even rear it's ugly head, as I see from Elsie's post, please correct me if I am wrong, another piece of legislation has come in to force, revoking the right, possibly temporary, to apply anything other than French law, to a will written by a French resident. Just a resident that is not a citizen. Other info is that this subsequent piece of legislation is being challenged in some European court, but as is the norm, it is proceeding at a snails pace. My predicament is that I am not trying to disinherit anyone but merely to see a fair distribution of the estate.
Two sons, who each have a daughter, born out of wedlock. So forget me and OH for the moment, when we have both shuffled off the idea was to give the two granddaughters a lump sum, and the rest of the estate would be split 50/50, by the two sons. However one of the sons passed away, and as far as I can deduce, his half share would be legally passed down to his daughter, along with the lump sum, which would make her the principal beneficiary, not what we wanted, so a rewrite is required for the lump sums to the granddaughters to be increased, thereby invoking tax, and the remainder passed down to our remaining son. Sounds ok in theory but I suspect something will crop up to upset the apple cart.

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