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Writing à will in France but want to protect daughter in England

(12 Posts)
mokryna Wed 04-Mar-20 10:13:31

I am writing my will where I live in France. What I have will be divided between my three daughters. This straight forward in France as someone’s inheritance is recognized as theirs and if the unfortunate event of divorce, it is not counted. However it seems this is not the case in England where one DD is living and working. I have an appointment with my French solicitor to discuss this matter. I am unable to get to England. What points should I suggest to protect her inheritance as even on gransnet I have seen horrors of men claiming their keep because they have no shelter of their own. What is a ‘trust’ and is it a good way to go? Thank you for your suggestions.

Fennel Wed 04-Mar-20 12:18:55

mokryna - we used to live in France and worried about this kind of problem. It's very complicated.
As far as I remember, at the time, even though you lived in France, you could opt to make your will under english regs.
this was a fairly new agreement , around 2015.
But whether this has been changed by Brexit I don't know.
Hopefully other Grans who still live in France will give more uptodate info.
To be honest, this was one of the reasons i was relieved to be back in the UKwhere it's more straightforward. Still complicated though.

mokryna Wed 04-Mar-20 12:44:07

I prefer the France system for the inheritance, it is your inheritance money and therefore not you partner’s but will this French testament be respected in England? I will be seeing a person in a big firm who knows the situation but just wanted to be aware of what other gransnetters could suggest and if they have added points to their wills,

Oopsadaisy3 Wed 04-Mar-20 12:45:37

I think that this is another post where a Solicitor is essential, make a list of want you want your Will to say, then make sure that this is what it actually says, you might need a translator to go with you?
Maybe they will provide you with an English translation for your DD in the UK.

mokryna Wed 04-Mar-20 13:07:11

I will be seeing a French solicitor in the biggest Firm in the area. I am unable to get to the UK in the near future. Just wanted some pointers which gransnetters have added regarding theirs.

Fennel Wed 04-Mar-20 16:19:14

Well I hope this solicitor is au fait with this.
From what I remember of the laws of inheritance in France, the natural children of the father inherit everything. And it's usually the father who is deemed to have ownership of the family property.
It's a very patriachal law system ?Patrimoine?

mokryna Wed 04-Mar-20 18:13:06

I am their mother so there is no problem, there is no father.

Fennel Wed 04-Mar-20 18:41:06

That sounds better - I thought you might be like our 'blended', family .
Both of us had been divorced, now married 40 years, one child his, 3 mine.

mokryna Wed 04-Mar-20 20:27:18

Thank you but still need pointers to get over the minefield in England.

grandtanteJE65 Fri 06-Mar-20 14:01:41

Take or send a draft of your French will to the British Embassy in Paris and ask them to tell you whether it will be legal in Britain, or ask them to recommend a solicitor who is familiar with both English and French law.

This is how my father tackled needing his will to be legal both in Scotland and in Denmark and it worked well. The Embassy in Copenhagen was most helpful, so I imagine the one in Paris will be too.

Fennel Fri 06-Mar-20 14:36:54

Good advice Grandetante.

Gfplux Sat 14-Mar-20 16:26:13

I understand your dilemma. I live in Luxembourg which has the same “forced” inheritance laws as France.
I have three children who live in 3 different countries,
Frankly a trust is expensive and can complicated when you have gone.
I feel you want to protect your child in death as you probably have in life but I suggest you just leave it to fate.
That is what I have done.