Navigating wills abroad: a british couple's legal labyrinth in france 📜🌍

JOHN KITCHING, A DIRECTOR OF FRENCH LAW CONSULTANCY LIMITED, ANSWERS A READER QUERY Reader Question: We are a British couple in France with adult children in the UK. Our situation is simple,

so we may try writing our own wills choosing English law. Are there key phrases we must include other than ceci est mon testament?  It is legally possible for a person to write their own

valid will, but there are often more complications to consider than simply making a legally valid document. When a client tells me their situation is simple, it rarely is. Usually something

has been misunderstood or overlooked.  For example, if you live in France and your situation is simple, why elect English law, which will make it less simple to administer in France? If you

have UK and French assets, your situation is not simple as there will be two tax and successions systems to navigate. Using a French will for UK assets is bureaucratic and best avoided. Read

more: Is an Australian will legally binding in France? Note that an election of English law does not change the tax situation: if you die as a habitual resident of France, France will

assess your worldwide estate for French inheritance tax. If you want to elect English law to disinherit children, then France, controversially, intervenes if the deceased is a French

resident, or any of the children are EU citizens or residents, and protects the children’s inheritance (in relation to French assets). Also, if you are thinking of using English law to

appoint trustees to determine who inherits what share, this will increase liability to inheritance tax. Read more: Foreign couples flock to join campaign to end 2021 French inheritance law

If your situation really is simple, it may be better to allow French law to apply by default. If you do want to handwrite a will, it must be entirely handwritten (no typing) signed and

dated, and clearly shown to be a testament (will). No witnesses are needed. I have, however, seen many ‘homemade’ attempts resulting in unintended consequences or lack of clarity, and

costing thousands to rectify. So to my mind the key phrase is ‘seek expert assistance’. Read more: Does my will need to be in English and French?