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Beware of probate laws when purchasing property in France


Probate & Estate Administration 29 Nov 2011

Beware of probate laws when purchasing property in France. Individuals considering purchasing property in France are being advised to consider what the implications will be upon the probate process.

Inheritance laws in France differ from those of the UK and any property is automatically liable to French succession procedures.

Justin Postlethwaite, editor of FrenchEntree.com, explained: "Unlike in the UK, were most people will leave their estate to their surviving spouse, in France it is generally the children who will inherit the assets."

However, if an individual buys a property with a clause tontine or adopts the French marriage regime of universal community surviving spouses can inherit.

Inheritance tax rules are also different, according to Mr Postlethwaite, as it is paid by the beneficiary, unlike in the UK, where inheritance tax is levied on the deceased's estate.

Researching foreign probate laws is advised when making any move abroad, as often rules differ dramatically from those in the UK.

It is also important to check how non-blood related beneficiaries can inherit over or instead of birth children in foreign countries.

Published by Jessica Shervin ADNFCR-3248-ID-801224770-ADNFCR

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