Q AF­FAIRS IN OR­DER

Living France - - THE ESSENTIALS - KATH MCNALLY

My hus­band and I ne­glected to up­date our wills when we mar­ried 15 years ago, and we are now look­ing to rec­tify this. In 2015 we bought a French prop­erty to use as a hol­i­day home. We had a ton­tine clause in­serted at the com­pro­mis de vente stage of the pur­chase so that on the first death, the sur­viv­ing spouse be­comes the sole owner. We also own our home in Eng­land.

I have no chil­dren but my hus­band has two adult chil­dren. In my will I want to leave ev­ery­thing to my hus­band, but if I out­live him I in­tend to leave it all to my stepchil­dren. (I do know that they will in­cur 60% in­her­i­tance tax on the French prop­erty. I’ve read that there are ways around this but I don’t know what they are yet.)

My hus­band in­tends to leave ev­ery­thing to me un­less he out­lives me, in which case he will leave it all to his chil­dren.

Can a UK will in­clude our prop­erty in France? If so, does that mean that UK law can be ap­plied so that the chil­dren will get the prop­erty, or will there need to be some­thing dif­fer­ent put in place?

If pos­si­ble, we will need to go along the cheap­est route avail­able to keep costs to a min­i­mum.

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