Inheritance Question

gmc_3

My girlfriends gran has a property in France that she ultimately wants my girlfriend to have, but there are some issues.

The house was bought in the 60's and has never been declared in the UK for whatever reason. She has a will in the UK but there is no mention of this property.

Apparently, since her husband died, her daughters are entitled to a share of the house and the gran and the 3 daughters have 1/4 each(is this a french law?) The gran has been to a French solicitor and has some sort of contract/agreement (i've never seen it) that states that my girlfriend will get her grans, her mums and 1 aunts share. 1 aunt (the problem) wants to keep her share.

I know in the UK all matrimonial property automatically transfers on the 1st death - is this not the case in france? If she is resident here won't the UK laws apply?

What would be the implications of declaring the property in the UK? Can she just leave my girlfriend the property in her will or gift it to her just now to reduce her IHT?

If anyone has any ideas it would be appreciated?

Thanks

Bossyboots

gmc wrote:

My girlfriends gran has a property in France that she ultimately wants my girlfriend to have, but there are some issues.

The house was bought in the 60's and has never been declared in the UK for whatever reason. She has a will in the UK but there is no mention of this property.

Apparently, since her husband died, her daughters are entitled to a share of the house and the gran and the 3 daughters have 1/4 each(is this a french law?) The gran has been to a French solicitor and has some sort of contract/agreement (i've never seen it) that states that my girlfriend will get her grans, her mums and 1 aunts share. 1 aunt (the problem) wants to keep her share.

I know in the UK all matrimonial property automatically transfers on the 1st death - is this not the case in france? If she is resident here won't the UK laws apply?

What would be the implications of declaring the property in the UK? Can she just leave my girlfriend the property in her will or gift it to her just now to reduce her IHT?

If anyone has any ideas it would be appreciated?

Thanks

This is indeed how French law works which as you have noted is different to UK law. A lot of people have been caught out like this. Your gran needs to see a specialist who deals in international property issues.

There are specific issues relating to leaving French property under a will as well. I will see if I can find some info.

gmc_3

Thanks for the response. Any more info would be appreciated.

Bossyboots

gmc wrote:

Thanks for the response. Any more info would be appreciated.

I googled "French inheritance law" and got some sites that you might get info from but nothing concrete on the sites other than confirming my original memory that French property law is a nightmare.

It even seems from one site that unless the decision on inheritance is taken at the time of purchase, it is subject to standard French rules on death.

I am sure from memory, that you cannot make a will in the UK in relation to French property.

This really is an area which requires specialist advice and from googling, there were a couple of companies that come up that would be suitable to approach. You may even get most of what you need to know on the telephone but otherwise a set price interview with a specialist solicitor would be well worth paying for to get it right.