Is new will needed in France after marriage abroad?
Understand the impact of marriage on wills and inheritance laws in the UK and France
I am married to a French national. They live in France and I live in the UK for work reasons. I have a house in London in my name, and theirs is in France in their sole name. We got married in the UK a few years ago. I had a UK will made out ages ago, long before we ever thought of getting married. Do I need a new will?
Your marriage revoked your UK will under English law, so you are currently intestate, says John Kitching of French Law Consultancy.
However, if your French partner had made a French will, it would not be automatically revoked by marriage under French law.
As your partner is French resident and domiciled, with French assets only, French intestacy would apply.
Their mother (if living) would inherit a quarter of his estate, their father (if living) would inherit a quarter, if alive, and you as spouse would inherit the rest.
A will would, therefore, be very useful if your spouse wants you to inherit the whole estate.
Anything you inherit from your French resident spouse would be assessed for French inheritance tax, and as you are a spouse, it would be exempt.
Regarding your estate, as you are UK resident and only have UK assets, UK intestacy rules would apply.
As you have no children, your spouse would inherit all of the estate. Your parents do not inherit if your spouse survives you.
As you are UK-resident, your estate would be subject to UK inheritance tax rules.
