Do we need French will as well as marriage regime?
Why UK residents with assets in France may need a French will
We are a married couple living in England with two adult children (with no previous spouses or other children).
Our assets in France comprise a bank account and properties in joint names held in the communauté universelle regime. Under our English wills on first deaths the whole estate passes to the survivor and on second death to the children in equal shares. Is there any reason to make French wills?
Solicitor Barbara Heslop says: the universal community marriage regime means the properties will not form part of your French estate on the death of the first of you and the surviving spouse will become sole owner.
Most French notaires advise that there is no need for a French will when owners have a universal community regime in place.
If your bank account has been opened as Monsieur ou Madame as opposed to Monsieur et Madame, the bank should simply change the account into the sole name of the survivor.
Following the death of the first of you, if the properties are still owned and are to be kept, the survivor should make a handwritten French will naming your two children as beneficiaries in equal shares of the properties.
This will simplify the formalities on the death of the surviving spouse and will avoid the need for the notaire to consider the terms of the English will, which in all likelihood would have to be translated into French, adding to the expense of administering the estate.

