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Old 25.07.2011, 12:54
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Making a will in France

Does anyone know much about this?

I spoke to the Notaire when I was signing for my house about also making a will at this stage. There is some specific requests that I wish to make, but she wasn't sure.

I want my daughter to be the sole beneficiary of my estate ....but the point is that I would like to appoint 2 trustees to be responsible for the money until she is an adult, should I die before shes 18. In particular, I don't want her father (we were never married), who would then be responsible for her to be able to get his hands on her estate and be able to control it. Basically there would be no money left for her if that would be the case.

I am not sure how French law deals with this kind of issue.
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Old 25.07.2011, 13:15
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Re: Making a will in France

You can appoint an "exécuteur testamentaire" who will manage the estate on behalf of the heir(s) (NB under French law, there is no trust, and not normally a "personal representative" [as under English law] - if you don't appoint one, the heirs administer the estate themselves).

Whether or not the father controls the interests of his (and your) daughter vis-a-vis the executeur is a matter of family law. In some legal systems (e.g. Germany), the surviving biological parent obtains legal guardianship upon the death of the other parent, even if that deceased parent was the sole guardian, unless the relevant authority finds that this endangers the child (e.g. the surviving parent has been found guilty of abusing the child). Other legal systems do not follow that rule, and a variety of solutions apply if the sole guardian dies. The answer to that question thus depends on your daughter's nationality and possibly residence. Ask your notaire.
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Old 25.07.2011, 17:43
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Re: Making a will in France

In France you do not have a choice on how you leave your assets, if your married it would not be possible to leave everything to your daughter.
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Old 25.07.2011, 18:02
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Re: Making a will in France

FatmanFilms is quite correct. See here for more info. You need to consult a notaire. Be sure to ask about having the house owned by an SCI, a property company, which may avoid some of the inheritance law constraints.
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Old 25.07.2011, 18:16
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Re: Making a will in France

http://www.qp.gov.sk.ca/documents/En...ns/W14-1R1.pdf

Might this help? It's something I need to sort out myself as I've property in France and the UK but am secretly convinced I'm immortal and keep putting it off.
They'll get me one day though I suppose.
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