My uncle passed away suddenly earlier this year, whilst living in France. He didn’t have a French will but there was one in England which left everything he owned to my mother (his sister). He had two English children that he has been estranged from for maybe 30 years, with no contact to my knowledge. I know France has quite strict rules about inheritance for dependents, will his English will be disregarded because of this?
I completely understand the law may mean something or all of it is left to the cousins I’ve never met, but when I imagine all his possessions potentially thrown away it makes me really upset. There are photos of us all together and furniture that was my Grandmother’s in his French house - it’s more the sentimental things that I’m worried about. Money is money, it can be made again in this lifetime.
Unless you already know the Notaire who will have dealt/be-dealing with your Uncles’s estate in France… you could contact the Mairie of the commune in which he was living… they might well know who you should contact for information.
If you do know the Notaire… I suggest you make contact straight away.
Unfortunately under French law, succession tax between sister and brother is rather high.
Hopefully this was discussed between your uncle and your mother.
Google says “Après un abattement de 15 932 euros, le tarif des droits est de 35 % jusqu’à 24 430 euros et de 45 % au-delà. L’article 796-0 ter du Code général des impôts prévoit cependant un cas d’exonération totale.”
So I guess there are two questions, firstly would French law accept the UK will in this instance, and secondly is your mother happy to pay the succession taxes if this is an option.
Unless of course there is an exoneration but I think that that is when brother and sister supported each other financially?
They are still his children and they will get what the code civil says they get, which off the top of my head is going to be everything in the absence of a spouse.
If instructions were not left specifying the English will would apply, then it won’t.
My mum handled his funeral and registering his death so she knows who the notaire is and has sent the will via a solicitor to them. They haven’t responded or acknowledged receipt so I’ll suggest she contacts the Mairie as well.
There aren’t any instructions at all in France, when he realised how unwell he was and started trying to get his affairs in order it was too late. When my mum spoke to the notaire they did ask about wills in the UK which gave the impression they wanted to be aware of any in place?
There wouldn’t be an exoneration but it’s only a small estate so I don’t think the tax would be a huge amount. The concern is more about the things we would keep to remember him which I imagine are worthless in the eyes of the estate but priceless to us.
I advise you to put those things you care for somewhere safe as soon as you can regardless of any later decisions about ownership. There are more dangers than just sorting out the inheritance and that will take time.
Not quite sure what the Marie can do in this situation,
If his english will specifically says that he wishes his estate to be dealt with under English Law then it will be, but the French (eye watering) inheritance tax will be applied. As I understand it the children would have to make a claim to overturn the English Will, and for the recent French law that prevents children being disinherited to apply. I don’t believe it is automatic, and I think it might only apply if they too live in Europe…
The notaire should know. But they do often take the easiest route, so you should quote Brussels IV at them and challenge them if they say the Will is not valid.
Notaires are also notorious for not responding to emails. Phone!
We were told not to remove anything from the property until it’s all settled and we didn’t want to break the law so we didn’t. Maybe we’ve made the wrong choice!
Ah… so your Mum knows who is dealing with things in France. (so no need to contact the Mairie for details)
If a UK solicitor has contacted the Notaire, I suspect things must be allowed to unfold… as they do… nothing moves fast in France after a death… except the funeral… (in my personal experience).