Have You Written Your French Will?

Have you made a French will to govern your French assets?

As of this past August 17th, there is only one law for all EU member states except Denmark, Ireland and the United Kingdom (the European Succession Regulation No. 650/2012, considered the “Regulation Area”) that applies to succession (both testate and intestate succession), and does not distinguish between moveable and immoveable property.

It applies to all assets located in the “Regulation Area”: people who reside (or have a “habitual residence”) in the Regulation Area at their time of death and nationals of a country within the Regulation Area who have chosen that country’s succession law to apply to their affairs upon their death. It is also important to understand that individuals may choose the law of their own nationality as the law that governs their succession as a whole, which could differ from the law of the Member State where they have their habitual residence at the time of death. For those who have several nationalities, he or she is free to choose the law of any of the States to which they hold nationality.

The laws do not allow you to choose the estate tax regime — the usual rules apply, only the jurisdiction to the rules can be changed. Before making your declaration, it would be a good idea to get advice on succession planning. Americans who own real estate in France, for example, will be able to avoid the French forced heirship rules. With one daughter, it would be clear I’d bequeath my properties to my sole heir, so this regulation doesn’t affect me personally. However, my advisors say that for simplicity purposes she would have an easier time managing the affairs of the estate from the U.S. and I should therefore elect the U.S. as the governing state.

It’s simple to make the choice — in a declaration — such as a will. The will can be easily written and filed with your Notaire. With ENRWA (Association of the European Network of Registers of Wills) and the interconnection of national registers, notaries can search the CSE issued in another state. This will facilitate the processing of cross-border succession cases.

To draft a French will, there are three types from which to choose. (Thanks to frenchlawoffice.org/ for this information!)

    The Holographic Will (“testament olographe”): this will is written by the Testator himself and kept in a safe place. No special formalities are necessary with the exception that it must be handwritten by the testator, signed and dated. Typed versions are not advised as they can be annulled by the Court for not meeting the requirements of the French Civil Code. It does not have to be drafted by a French notaire and therefore is the least expensive way to prepare a will.

    An Authentic Will (“le testament authentique”): this will is made in the presence of a notaire, and witnesses, or by two notaires. The last wishes of the Testator are dictated to the notaire and then transcribed. Following the reading of this will to the Testator, the will is dated and signed by the latter, then countersigned by the witnesses and the notaire(s).

    The Sealed Will (“le testament mystique”): this will is prepared by the Testator and presented to the notaire in front of two witnesses, in a closed envelope, and stamped with a seal. It will not be opened until the death of the Testator.

A bientôt,

Adrian Leeds

Editor, French Property Insider

Email: [email protected]

 

P.S. Yesterday’s signing of the pre-sale agreement on a spacious and luxurious three-bedroom apartment on rue du Roi Doré at rue de Turenne in the 3rd arrondissement (Haut Marais) failed to take place. This means you once again have an opportunity to make an offer on this amazing property. It has a perfect view of the Church of Saint-Denys of the Holy Sacrament and rue St. Claude, just steps from the 400 year-old Place des Vosges, Musée Picasso and the hip rue de Bretagne. This move-in ready three-bedroom/two-and-a-half bathroom luxury apartment was remeasured and found to be 106m2 (100m2 prior to renovation). No expense was spared by the American owners to fully renovate and decorate it with comfort, luxury and charm in mind (including air conditioning!) –- all furnishings are included in the sale. The kitchen is fully equipped and all rooms are well furnished and appointed. Located on the second floor with seven windows overlooking rue de Turenne, the apartment has a stunning view and is bathed in light. Ref. #015. Asking Price: €1,350,000. Visit our Properties For Sale site for more information.