IF YOU are considering buying, or indeed already own, a property abroad, there are a number of questions which need to be addressed, particularly concerning your will and succession planning. Rules of succession differ from country to country, so it is important to find out how these rules work in the country where you are planning to buy.

In France, “protected heirs” (normally your children) will, in principle, have a fixed right to at least a minimum interest in any property you leave, and will be the main beneficiaries if you die without a will. Your spouse and children will have automatic rights to inherit part of your property, but you can influence the proportions by making a will.

It is not as simple as ensuring you have made a will in the UK, as this will not necessarily cover your property overseas. In many cases, the safest course of action is to prepare two separate wills in the two countries where you own a home.

If you are UK domiciled, then you will be liable to pay Inheritance Tax on your assets overseas as well as in the UK. Depending on where your second property is located, you may also be liable to the equivalent tax there.

It is not only the rules of inheritance and the process of purchasing a property that may differ in a foreign country; the role of the local lawyer may not be the same as you would expect from a solicitor in England.

For example, a notaire in France does not have an automatic duty to either the seller or the buyer. In almost every case, there is only one notaire involved in a property transaction and their role is to ensure that the transaction completes correctly and that all of the relevant taxes are paid.

He/she therefore remains independent of both the buyer and seller. It is not the duty of the notaire to consider whether a specific transaction is suitable for either party, or whether there are any other consequences that may arise from the deal, such as inheritance tax, estate planning problems or wealth tax concerns.

Instructing an English-based solicitor with experience of the foreign jurisdiction and language, who can address issues such as these, whilst offering advice on the French legal process, should offer you greater protection and peace of mind.

For further information and advice, please contact Ashton KCJ’s French Legal Services team on 01473 232425.

This article is for general information purposes only and does not constitute legal or other professional advice. You should not act or rely upon this information.

Ashton KCJ is authorised and regulated by the Solicitors Regulation Authority (Recognised Body number 45826) and by the Financial Services Authority.