Handling of French estate - Grant of Letters of Administration

fcandmp

I appreciate the UK focus of the this forum, but any guidance would be much appreciated..

In a prior post I noted the recent passing of my wife's late aunt in France, who died intestate, with no children and husband and sole sister pre-deceasing her. My wife and her sister and brother are the apparent heirs with my wife next of kin.

The French notaire has requested we provide Grant of Letters of Administration to permit him to sell the French property and settle the estate and taxes.

The challenge we face is, that her UK estate is the subject of a UK Will, which specifically excludes the French estate and a UK law firm is acting as executor for the UK side of things and will be applying for probate.

So, my question is, can we separately apply for Grant of Letters of Administration for solely the French estate using form PA1, or will this cut across the application for probate for by the UK law firm, given it is for the same deceased person?

Many thanks for any clarification

Savvy_Sue

I wonder if the notaire is speaking through his derriere.

I'm not sure you CAN apply for LofA for French assets, in France. And even if you could, is he seriously suggesting that the French legal process would recognise an English document?

Get advice from an expat forum and a solicitor used to dealing with estates in France. 

fcandmp

Thank you Savvy_Sue, but I note the PA1 Probate Application Form does provide for detailing foreign assets for someone who is a UK national but resident overseas. The challenge is here that there is a UK will and assets, which specifically exclude the French estate, and UK law firm will apply for probate for the UK portion. We are left wondering how to demonstrate we are the rightful heirs to the French estate without the equivalent of a Grant of Letters of Administration. We have spoken to three law firms and two Notary Public's and none have offered a solution, we are therefore left with what the provincial notaire in France is telling us he needs.

Savvy_Sue

Have you found a solicitor who specialises in this situation ie assets in both UK and France? I'd suggest expat forums for recommendations. It's not clear from your post if it is this specialised advice you have sought. 

Savvy_Sue

BTW, I did a Google

"how to demonstrate we are the rightful heirs to the French estate"

 which turned up

https://oratto.co.uk/wiki/probate-solicitors/guides/administration-of-a-french-estate-and-the-basics-of-french-succession-law

And

https://www.connexionfrance.com/article/Practical/Money/What-is-a-certificate-of-heredity-in-France-and-how-do-I-get-one

There was more, and there's a lot of words there which may not fit your situation at all. But it seems to me you need to be very clear what's needed and then pay for a solicitor who knows how to obtain that. Your French Notaire may not have much experience of dealing with non-resident beneficiaries. 

fcandmp

Thank you again Savvy_Sue, we have contacted a law firm that advertises their French estate handling capabilities, but the have no proforma answer based on the specifics of our case. I have messaged Oratto but so far not had a reply; they seem to direct you to a solicitor with ability to handle a summary case specification. Re the latter link, the estate is over the £5,000 mark so the simple certificate approach doesn't appear applicable.