Grant of probate 

One potential complication which notaires were initially concerned about if someone dies in France having chosen UK law – meaning French courts have jurisdiction but UK law applies – was the English law concept of 'grant of probate' ('confirmation' in Scottish law).

Usually when inheritance matters are dealt with in England the first task that is completed is to apply to a court for this document, which certifies, for example, that the author of the will has died, the will is authentic and the executor is who they say they are.

Under English law the executor is the person in charge of administering the estate and sorting out the passing on of their assets and settling their debts. This is often a family member or a legal or financial professional. Notaires were unsure whether English courts would issue a grant of probate with regard to a French property. Or, if not, whether French courts might have to, even though this is not usually part of their job.

The situation where someone dies UK-resident but with French property and having opted for UK law was expected to be simpler.

Typically the heirs would see a solicitor who would obtain a grant of probate and a French notaire would only be involved in organising the legal transfer of any French home/s.

However matters have so far been dealt with in a pragmatic way and without difficulties according to notaire Lionel Galliez.

He said: “If an English court is applied to to deal with the estate then it will be necessary to follow English procedure, including a grant of probate. This will be the case for assets located in England, especially if there is real estate involved.

"However for an English resident who has a French home – in France we don’t need a grant of probate to transfer ownership of a property under a will.

"If an English court is involved and the will doesn’t respect the format required to be executed there, there will be a problem, which is one reason I recommend having both a notaire and a solicitor involved where the estate is partly in France and partly in the UK."