UK Last will and testament with a European beneficiary living in France

SG00

Hi,
I have a question about last wills and testaments. I'm married to a British citizen and we have lived in the UK for almost 20 years. We own a house in the UK (as joint tenants). We want to write a will that will say to whom we want our respective share of the house to go to once we are both dead. We have no children and won't be having any.
In my case, I want my share to go to my husband but I want to make sure that when he dies, if I'm already dead, my share goes to my siblings in France, who are French citizens, and not to my husband's family or new partner for example. Could someone please help me and let me know how I can make sure that his happens? Are there specific types of wills for UK people who want to leave their assets to someone in Europe? I have received very conflicting advice from some solicitors.
Thank you very much in advance!
SG

Yorkshireman99

SoniaG wrote: »

Hi,
I have a question about last wills and testaments. I am a dual French/British citizen married to a British citizen and we have lived in the UK for almost 20 years. We own a house in the UK (as joint tenants). We want to write a will that will say to whom we want our respective share of the house to go to once we are both dead. We have no children and won't be having any.
In my case, I want my share to go to my husband but I want to make sure that when he dies, if I'm already dead, my share goes to my siblings in France, who are French citizens, and not to my husband's family or new partner for example. Could someone please help me and let me know how I can make sure that his happens? Are there specific types of wills for UK people who want to leave their assets to someone in Europe? I have received very conflicting advice from some solicitors.
Thank you very much in advance!
Sonia G

There should be no problem if the assets are in the UK. There is no difference wherever the beneficiary lives. Any solicitor who cannot give you an answer is useless. Ask around for suggestions as to one to use.

SG00

Thank you very much for the quick reply! Yes I will ask around for a solicitor specialised in international inheritance as the ones I talked to were not and they admitted that they were not entirely sure about the answer... Your answer rather sounds like a relief, thanks again!

Yorkshireman99

SoniaG wrote: »

Thank you very much for the quick reply! Yes I will ask around for a solicitor specialised in international inheritance as the ones I talked to were not and they admitted that they were not entirely sure about the answer... Your answer rather sounds like a relief, thanks again!

It is only complicated if the assets are abroad or you live abroad.

SG00

I see what you mean. So basically, it doesn't matter where the beneficiaries live, only where the assets are located. That is good news! Thanks again!

Linton

Do you mean "joint tenants" where you together own the house? If you do, when one of the joint tenants dies the ownership automatically transfers to the remaining tenant outside the will. If you want something different to happen to "your bit" you will need to be "tenants in common" whereby you each separately own a defined % of the house.

SG00

That's right, we both own the house equally as we bought it as joint tenants. I know that when one dies, the house automatically stays with the other one but my concern is after the second person dies. We were told that we can each write a will to define what happens to our respective share when we are both dead. I think that the best option would be to make joint or mirror wills with a clause saying that the wills are irrevocable and cannot be amended without the consent of the other party... I hope it's correct?

Linton

You need to work this through very carefully with a good solicitor and your husband to cover all eventualities. What happens for example if you die first and then your husband wishes or needs to sell the house? What happens if all your siblings are dead by the time your husband dies? You presumably dont want to try to stop your husband having the flexibility to enjoy a full life after you have gone.


In our case we have simply left everything to each other and trust the survivor to do the right thing. I feel that trying to control the future from beyond the grave could be futile and at worst will give rise to far more problems than it solves.

SG00

I totally understand your point of view and I agree that an element of trust is necessary. My husband and I have also had good discussions about this and although I do trust him and he has promised to give the share I entrust him to to the people I love (my siblings), we still need to have it officially written in a will otherwise both our shares would automatically be subject to the intestacy law and my siblings would never be able to get my share if he dies after me. As we have no children, if all my siblings are already dead when we both pass away, I want to make sure that my share goes to my chosen charity (very important to me), rather than be subject to the intestacy law.
In your case, have you written a will to confirm your main wishes? I feel this is a precaution on top of trusting the other person...it gives peace of mind.
Hopefully we will be able to live a long life and enjoy our hard-earned assets till we die but I can't help wanting to cover for all eventualities.

izoomzoom

By owning your home as "tenants in common" you can each leave your respective portions to whomever you want. You can also give the other person a "life interest", so they they can live, downsize as they deem necessary later on in life.

MovingForwards

Split your interest in the property so you each own 50%
Leave your husband a life interest in tbe property. When he dies your share goes to your family, if they pre-decease you it goes to your named charity.

If a solicitor does not understand this find another as it is quite normal.

Keep a list of your family addresses with the will, update it as they move or pass away, saves the cost of tracing agents to locate current addresses.

There is no issue with a beneficiary living anywhere in the world, but under their own laws may have to pay tax on inheritance.