Do we need French and UK wills?
We are married with three children from my husband’s first marriage. I have no children. We bought our home in France in 2006 and included a tontine clause. We have made a will in England excluding all property and assets elsewhere. Do we still need to make a will in France, excluding everything in England, or can we now include the French property in our English will? We are French (tax) residents.
Barbara Heslop of solicitors Heslop and Platt replies:
The tontine will ensure your home in France will belong solely to the surviving spouse, whether or not you include it in a will.
However, your moveable assets (eg, bank accounts), wherever in the world these are located, are not covered by the tontine clause.
To protect you using French law mechanism your husband could make a French will. Otherwise, your stepchildren would be entitled to receive three-quarters of any moveable assets in your husband’s sole name, plus three-quarters of your husband’s share of any moveable assets held in your joint names.
A French will could give you a lifetime interest in the moveable assets. Alternatively it could state that he wants UK law to apply to his worldwide estate and for you to be the sole beneficiary.
However, this would have the effect of disinheriting his children in favour of you, which may not be what he wants.
As for yourself, you should make a French will naming your husband as sole beneficiary of your moveable assets, which will prevent any living parent of yours from inheriting a portion of your French estate.
I recommend you seek professional advice.
