Leaving France with remaining French proprty - where to make a will?

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22/06/2009, 9:22

stikmatix is not online. Last active: 22/06/2009 08:15:25 stikmatix

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Leaving France with remaining French proprty - where to make a will?

We will be leaving France in August as my husband is being transferred to the Philippines. we have been here for 5.5 years and we own an apartment which we will be renting out as it is very likely we will return in a few years.

Now that we are in our 30s with 4 young children our minds have turned to making a will and we have fallen into doubt as to where to make one. As of 15 august we will no longer be residnet in France, so is there any validity to making a will over here, or, when we take up residence in the Philippines, should we make one there? We also have money in the UK, Switzerland, and US bank accounts (albeit small amounts).

We know that property must be disposed of according to Frnch laws of inheritance regardless of where one is resident at the time of death, so if it is any help to answering the question, our apartment is owned 50/50 by the two of us, marriage regime separation de biens, with a clause tontine in the acte de vente.

Many thanks!

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22/06/2009, 13:12

parsnips is not online. Last active: 03/11/2008 14:58:14 parsnips

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Re: Leaving France with remaining French proprty - where to make a will?

Hi,
      As non-residents , only your french apartment would be covered by a french will, and as you bought it in tontine it will automatically pass to the survivor. If you should both die (let us hope not!) then the property would automaticlly devolve to the children under french law,so I don't think you need to make a french will at this time.
      If you return and become resident, then would be the time to consider your succession arrangements (which don't always require the making of a will, in a conventional family such as I assume yours is-- ie. all the children are common to the marriage.)

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22/06/2009, 15:26

stikmatix is not online. Last active: 22/06/2009 08:15:25 stikmatix

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Re: Leaving France with remaining French proprty - where to make a will?

Thanks very much parsnips, we were thinking tha it wouldn't be necessary at this time.

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