living in France & have property in UK do I need 2 wills?

snowds01

Hi - I have a house in France which I own with my spouse - this is where we reside.
We have 2 properties in the UK which we own but let out for income.
We have 2 children between us & there is 1 other child by a previous marriage
What is the best way forward with regard to wills - will 1 suffice or do I need 2?
Any advise will be greatly received

kb92830

My understanding is that the estate will be administered in the country that you reside in, as such if you are a french resident french inheritance laws will apply, I would suggest you see a notary for proper advice as the french inheritance laws are a lot stricter than the UK.

mania112

IHT is in relation to your Domicile, not your residency.

It seems, if you are born and raised in UK, that you are Domiciled in the UK. Therefore your estate is liable to IHT wherever they are based.

With THAT being said, i therefore think it's safe to assume that the French tax man will not double-bill your French property. Especially with a country in the EU and one that has agreements with the UK for similar things to this.

atush

You will possibly have a problem with the property in france, depending on how it is owned. As the first to die, your spouse would not inherit the other half- instead it would be divided between spouse and children. The child from the previous marriage would only be included if the child of the decedent.

So if yo want spouse to inherit you have to set up a will En Tontine so the survivor would inherit?

xylophone

http://www.anglophone-direct.com/Making-a-French-will
http://www.lindermyers.co.uk/living-abroad-foreign-property-and-wills_1310.html
might be worth a look - take qualified legal advice.