For many UK nationals, buying a property in France is part of a longer-term plan, whether it’s a future retirement in the countryside, a permanent relocation to warmer weather, or simply the freedom of a second home abroad.
What’s less often considered, though, is what happens after the purchase, particularly when it comes to estate planning and succession.
In France, the rules governing inheritance, taxation, and property ownership are very different from those in the United Kingdom. Without legal advice at the outset, buyers may unintentionally create significant complications for themselves and their heirs later on. That’s why speaking to French lawyers with estate planning expertise before you buy is one of the most valuable decisions you can make.
The issue: ownership without planning can cause future problems
Most UK buyers assume they can address inheritance matters later, often through their UK will or a quick fix once the move is complete. But this is rarely the case in France.
Key issues include:
1. Forced heirship rules
Unlike English law, which offers testamentary freedom, French inheritance law enforces réserve héréditaire, a system that guarantees children (including estranged or adult children) a fixed share of your estate. This applies to your French assets, even if you’re still UK-domiciled.
If you plan to leave the French property solely to your spouse or to one child rather than another, French law may override your wishes unless your estate is properly structured in advance.
2. Property ownership structures
In France, couples can own property in different ways, such as en indivision, en tontine, or through a French company (SCI). Each of these options has different implications for inheritance, taxation, and control.
Choosing the wrong structure, or defaulting to the standard co-ownership approach, can lead to delays, tax inefficiencies, or even forced sales on death.
3. Cross-border tax exposure
France and the UK have different inheritance tax systems, with varying allowances and rules around gifts. A poorly structured estate could face double taxation, or miss out on reliefs that would have been available with early planning.
The solution: early advice from French estate planning lawyers
Seeking advice from French lawyers who specialise in estate planning before purchasing means you can:
- Choose an ownership structure that suits your family situation and long-term goals
- Decide whether a tontine clause, matrimonial property regime, or SCI is appropriate
- Draft a French will that complements your UK will and meets local legal requirements
- Ensure your spouse or partner is properly protected on death
- Minimise unnecessary tax liabilities and avoid posthumous restructuring
- Reduce the administrative burden on your heirs
French lawyers work in partnership with UK notaries and private client advisers to create a joined-up plan that considers both legal systems.
Common buyer scenarios we support
At MW Notary, we regularly advise clients who:
- Are buying a holiday home in France now, but plan to retire there in future
- Have adult children from a previous marriage and want to protect their spouse
- Are unmarried couples purchasing together, but unaware of their rights under French law
- Are considering co-investing with family and need advice on succession planning
- Have been advised to set up an SCI but aren’t sure if it’s the right route
In each case, early estate planning with a French legal expert avoids complex restructures after the fact, which can be time-consuming, stressful, and expensive.
Supporting you through the entire process
Our team are experienced French lawyers in estate planning to ensure your property purchase is secure, compliant, and aligned with your wishes for the future. We also offer support with:
- Cross-border estate planning
- Drafting and registering French wills
- Advice on buying property in France
- Ongoing assistance as your circumstances evolve
We believe that property and estate planning should go hand in hand, particularly when international law is involved. If you want to better understand the financial side of French property ownership, take a look at our blog on taxe d’habitation and owning property in France.
For those starting the purchase process, our guide to navigating French property transactions is essential reading.
Planning a move to France? Speak to us before you buy
Buying a French property is exciting, but it also comes with legal complexities that are best addressed before the purchase is finalised. Speaking to a French lawyer early on helps protect your family, your assets, and your peace of mind.
Explore how we can help with French estate planning, or contact us for tailored advice.