UK Office: 0044 (0)1440 820 358

Clé France

The French Property Network

Aug 10

EU succession regulation and French property

Before Brussels IV

The general rule was that French property would pass under French succession rules irrespective of your nationality, residence or domicile. An English will dealing with a French property would have been accepted, provided that it does not override the legal reserve of the heirs. Under French Law, the children cannot be deprived of a legal reserve (a defined proportion of the estate) of your French estate when you die.

One child receives 50% of your French estate, two children take two-third and three or more children take three-quarter equally between them. In the absence of children, the surviving spouse cannot be excluded from the French estate.

In practice British owners could either have a French will drafted to cover the French property or adding a codicil to their UK will.

Read on to lean about After Brussels IV...

Last Will and Testement

After Brussels IV:

Regarding the right of succession, the European Regulation No. 650/2012 (Brussels IV) will enter into force on 17 August 2015 and will apply to the estates of individuals dying after that date. Its purpose is to simplify succession planning with an international dimension. Cross-border successions can be sometimes complicated as there might be conflicts of laws.

Should UK nationals be concerned due to UK opting out from Brussels IV?

This EU regulation is universal (article 20 of Brussels IV) which means that it applies even if the designated law is not that of a EU Member State or from a state who opted out. Therefore, even through the UK has opted out, Brussels IV will still affect UK nationals residing in the UK or abroad.

In accordance with Brussels IV, UK nationals are now able to choose in their will the succession laws of their nationality or the laws of their habitual residence to their assets situated in the Brussels IV zone. As The UK opted out, the English succession laws will still apply to the estate located in England & Wales for UK expats. The choice of law must be done in a will, which must be drafted according to the rules of the country of habitual residence or the country of nationality or the country where real estate is located.

What now?

UK nationals living in France or in the UK can make a will designating English law to settle their French estate.

So it is probably good news since French law differs starkly to English Law where, subject to limited statutory control, an individual is free to dispose of his/her assets as he/she wishes. This would provide freedom for UK nationals to decide how their French assets should be passed on.

Limits

It must be reminded that Brussels IV will not change the taxation status of French estates. French inheritance tax rules will still apply to the devolution of any French estate. Therefore any devolution under English law to non-married partners, step-children or any non-relatives will attract an inheritance tax rate of 60%. France, inheritance tax is calculated on the basis of the amount that each individual beneficiary receives and how he or she is related to the deceased owner.

Furthermore, another issue remains unresolved: as Brussels IV just came out of the “legal factory” (in force in August 2015): the legal reserve of the children. In its article 35, Brussels IV provides that the application of the chosen law in the will must not be incompatible with public policies of the country where it will apply. French succession laws are very protective towards the children and the designation of English law in a will depriving the children of any successions could be found incompatible with the legal reserve of the children. It is therefore possible that the French courts could consider an English will invalid, as it excludes the children from the French estate. Given the novelty of Brussels IV, this issue remains unanswered until a challenge is being brought before a French court.

Conclusions:

UK nationals can elect in their will English law to apply to their French assets. Although Brussels 4 appears to be good news for UK nationals owning properties In France, it still remains the uncertainty over an English Will being challenged before the French court if it deprives the children of their right to inherit.

To avoid these uncertainties and taking into account that French taxation rules still apply, people intending to purchase properties in France should still consider the French estate planning structures and take advice on the appropriate purchase structure and wills to ascertain that they will be in a position to transfer their French property in the way they wish and in a tax efficient manner.

This article was written by Loic Raboteau, French Legal Advisor and director of French Legal Consulting.

Francophile legal Consulting can assist you with international property matters. For more information on this topic, please do not hesitate to contact Loic Raboteau, managing director by completing the form below. 

Enquiry Form - Legal Advice

  1. First Name: (*)  
  2. Last Name: (*)  
  3. E-mail: (*)  
  4. Phone number: (*)  
  5. Mailing List: Subscribe
    (You will be able to unsubscribe at any point)
  6. Message: (*)  
  7.      
  8.  
      Refresh  
  9.    

The information that you give and that we obtain through you using this website may be used by this Company and by our partner companies only for purposes in connection with your use of this website and for marketing activities of this Company and partner companies. By using this site you confirm your consent to this. If you do not want to receive any marketing information from this Company and/or our partner companies then please notify us.

A little more about FRANCOphile Legal Consulting Ltd.

The company was created in response to the need of legal experts for international private clients and businesses. People are no longer confined within their own country boundaries to work, create a business or purchase assets. National, international laws and new technology have enabled people and businesses to move and expand internationally, creating a demand to resolve cross-border issues.

We are a London-based legal consultancy company dedicated to addressing our clients’ international needs. Whether you are a private individual moving or investing in a foreign country, an entrepreneur, or a business willing to expand internationally, FRANCOphile Legal Consulting Ltd will cater your specific requirements and will look after your interests in the short and long term.

Benefiting from an extensive network of international lawyers, solicitors, accountants and financial advisors based in London and in several jurisdictions, FRANCOphile Legal Consulting Ltd is able to handle your interests in different countries around the world.

Our approach and solutions are tailored to our clients’ needs. We believe that our clients are unique and warrant distinctive service.

Our international coverage includes France, London, Tunisia, Morocco, Egypt and Mauritius. If you would like to know more about us then fill out the contact form above and we will be right back to you.

For everything you need to know about French property visit www.clefrance.co.uk

Add CommentViews: 2759
Aug 2

French social charges

The French court follows ECJ judgement

The European Court of Justice (ECJ) in a judgment delivered on 26 February 2015 (Case C-623/13, Mr de Ruyter) ruled on the validity of the levy of social charges on real estate  incomes perceived by a French-resident working in another Member State (Netherlands) of the European Union.

The court rules ruled that this tax- accumulation was contrary to European law, and therefore prohibited between Member States (European Regulation no 1408/71 whose purpose is to ensure the freedom of workers within EU). However, this judgement did not end the dispute between the claimant (Mr de Ruyter) and the French tax administration. The outcome of the dispute was pending the judgement of the “Conseil d’Etat” (the highest French administrative court).

Conseil d'Etat et Cle France

As expected, the “Conseil d’Etat” (CE) has just confirmed the ECJ judgement in respect of social security contributions on income from non-resident assets. In its judgement delivered on the 27th July 2015, the CE has ruled that the claimant who was working in the Netherlands and was affiliated with the Dutch social security system, should not pay any French social contributions on incomes from his assets.

Following this important court ruling, the French government will have to do what is necessary to change his legislation to be in conformity with European regulations. A bill was already introduced in March following the court ruling of the ECJ. It is also expected that the French tax administration will soon respond to the non-residents who have already issued a claim. So far, the tax administration has remained silent.

If you have paid social charges, it is not too late to issue a claim. Francophile Legal Consulting can assist its clients in claiming those undue levies.

It must be reminded that non-residents who have paid social charges in 2013 on their 2012 incomes have until 31st December 2015 to submit a claim to get their refund. Similarly, non-residents who sold a French property in 2013 and have been subjected to social charges have until 31st December 2015 to claim the corresponding tax.

As the law has not changed, it is recommended for non-residents to pay the social charges on their 2014 incomes and issue a claim afterwards.

This article was written by Loic Raboteau, French Legal Advisor and director of French Legal Consulting.

Francophile legal Consulting can assist you with international property matters. For more information on this topic, please do not hesitate to contact Loic Raboteau, managing director by completing the form below. 

Enquiry Form - Legal Advice

  1. First Name: (*)  
  2. Last Name: (*)  
  3. E-mail: (*)  
  4. Phone number: (*)  
  5. Mailing List: Subscribe
    (You will be able to unsubscribe at any point)
  6. Message: (*)  
  7.      
  8.  
      Refresh  
  9.    

The information that you give and that we obtain through you using this website may be used by this Company and by our partner companies only for purposes in connection with your use of this website and for marketing activities of this Company and partner companies. By using this site you confirm your consent to this. If you do not want to receive any marketing information from this Company and/or our partner companies then please notify us.

A little more about FRANCOphile Legal Consulting Ltd.

The company was created in response to the need of legal experts for international private clients and businesses. People are no longer confined within their own country boundaries to work, create a business or purchase assets. National, international laws and new technology have enabled people and businesses to move and expand internationally, creating a demand to resolve cross-border issues.

We are a London-based legal consultancy company dedicated to addressing our clients’ international needs. Whether you are a private individual moving or investing in a foreign country, an entrepreneur, or a business willing to expand internationally, FRANCOphile Legal Consulting Ltd will cater your specific requirements and will look after your interests in the short and long term.

Benefiting from an extensive network of international lawyers, solicitors, accountants and financial advisors based in London and in several jurisdictions, FRANCOphile Legal Consulting Ltd is able to handle your interests in different countries around the world.

Our approach and solutions are tailored to our clients’ needs. We believe that our clients are unique and warrant distinctive service.

Our international coverage includes France, London, Tunisia, Morocco, Egypt and Mauritius. If you would like to know more about us then fill out the contact form above and we will be right back to you.

Add CommentViews: 2577
May 23

France’s 2015 Eurovision Submission

You may love Eurovision, you may hate it or you may just be indifferent about the annual song contest but one thing you need to know is "the French" love it! 

So buying a property in France and holidaying there during May you will be sure to see TV coverage in bars and public places and if you buy a house in france for full time living then be sure to have to use your French language skills to discuss the current years song entry.

We know of French families that make a party weekend of the event and invite friends and family to their houses for Eurovision get togethers that run long into the night, so be prepared to join in with a sing-a-long!

On Saturday night, most of Europe will be watching the finale of the 2015 Eurovision Song Contest. If you’re not familiar with this contest, it’s an annual song competition with countries in the European Broadcasting Union participating. This year, for its 60th anniversary, the contest is taking place in Vienna, Austria, because last year’s winner was Austria. Eurovision is a very popular: this year, an estimated 600 million viewers globally will be celebrating 60 years of singing.

Eurovision France

Image courtesy of This Week UK

How it works is each country selects a singer to represent them. What surprised me is that the representative doesn’t have to be a citizen of the country he’s singing for! Canadian singer Céline Dion (ever heard of her?) sang for Switzerland in 1988 with the song “Ne Partez Pas Sans Moi” (Don’t Leave without Me), for example. Her participation helped launch her international career, so I’m pretty sure it’s safe to say that we can think Eurovision for our chance to perform our own drunken renditions of “My Heart Will Go On” at karaoke. Merci, Eurovision!

Céline isn’t the only big timer to come from a Eurovision background. ABBA won for Switzerland in 1974 with “Waterloo”.

The competition has two semi-finals and a final. For each semi-final, the 10 countries with the highest scores will make the journey to the Eurovision host country. Regardless of where they place, there is a group of 5 countries known as the Big Five that automatically place into the finals because they’re the biggest financial contributors to the European Broadcasting Union.

They are: France, Germany, Italy, Spain, the UK, and Australia. (Hey... that’s not 5. That’s 6! And Australia??). The previous year’s winner is also automatically in the final.

The winner is decided by 2 factors: a jury and public vote. Both are given 50%. This method can lead to a lot of geopolitical voting (which is interesting in and of itself).

France has appeared in the competition in 58 of the 60 competitions, missing the 1974 and 1982 contests. They’ve won 5 times:

1958 with “Dors, mon amour” by André Claveau

1960 with “Tom Pillibi” by Jacqueline Boyer

1962 with “Un premier amour” by Isabelle Aubret

1969 with “Un jour, un enfant” by Frida Boccara

1977 with “L’oiseau et l’enfant” by Marie Myriam

Since 1977, France has placed bronze 3 times and silver twice. Most notably, they placed last in 2014 with “Moustache” by Twin Twin. Yikes.

So what has France submitted this year to not repeat last year’s title?

This year’s French representative is a woman named Lisa Angell who is singing a song called “N’oubliez pas” (Don’t Forget). The song is a message to the entire generation to not repeat the mistake of past generations. It’s a song of “hope and peace, of courage and solidarity,” according to the singer.

Here are the the lyrics and an English translation.

Il ne me reste que des larmes

I only have tears left

Ces quelques notes venues d’autrefois

These few notes from the past

Et le chant de nos prières

And the melody of our prayers

Nos cœurs qui espèrent

Our hearts are hoping

Et le vide sous mes pas

And the emptiness beneath my steps.

 

Il ne me reste que les cendres

I only have ashes left

De mon village plongé dans le silence

Of my village that was plunged into silence

Je ne suis qu’une blessure

I’m only a wound

Un cœur sans armure

A heart without armour

Comment survivre après ça?

How can you survive after this?

 

Mais je suis là, je n’oublie pas

But I’m here, and I won’t forget

Dans mon village balayé par l’histoire

In my village swept away by history

Et je vis là, n’oubliez pas

And I live there. Don’t forget.

Effacé des cartes et des mémoires

Erased from the maps and memories

 

Je me souviens du rire des enfants

I remember the laughter of children

La voix des hommes quand ils partaient au champ

The voices of men leaving the field

Les fêtes des moissons

The harvest celebrations

L’odeur dans les maisons

The smell in the houses

Les éclats d’amour et de joie

The bursts of love and joy

 

Quand ils sont arrives

When they arrived

Cachés derrière leurs armes

Hidden behind their weapons

Ils étaient des milliers

There were thousands of them

Ils riaient de nos larmes

They laughed at our tears

 

Ils ont voulu détruire

They wanted to destroy

Nos croyances et nos âmes

Our beliefs and our souls

Avec des mots de haine

With hateful words

Que l’on n’connaissait pas

That we didn’t know

 

Je suis ici ce soir

I’m here tonight

Au milieu de ces ruines

In the middle of these ruins

Pour vous parler d’espoir

To talk to you about hope

Et vous chanter la vie

And to sing about life

Et je fais le serment

And I’m making a promise

Quand séchera le sang

That when the blood dries

De reconstruire ma ville

I will rebuild my city

Bien plus belle qu’avant

Even more beautiful than before

Mais n’oubliez pas

But don’t forget.

AND... remember to sing along on Saturday night!

Blog submitted by: Alex at The French Property Network - Cle France.

This blog was originally posted on The French Language Blog pages.

Add CommentViews: 2352
Apr 14

HomeAway Last Minute Deals

Looking for accommodation whilst on a viewing trip? introducing our new partner - 

Last Minute

Blog submitted by: Alex at The French Property Network - Cle France.

 

Add CommentViews: 2930
Apr 3

French Bank Holiday dates 2015

Just updating the Cle France Office calendar and thought this was useful information for those booking and planning property viewings in France.

If you are planning a viewing trip to view some of the super property we have for sale in France then these dates could help you plan, even if they give you the days to avoid as offices and shops will be closed.

Remember - most Estate agents don't work Sundays and depending on the region of France Saturdays get booked up very quickly so you will need to give us more notice than you would for a weekday, which will be easier to plan for at shorter notice.

So here are the Bank Holiday dates / jour fériés in France...

Jan 1 Thursday is New Year's Day is a National holiday

Mar 20 Friday is March equinox Season

Mar 29 Sunday is when Daylight Saving Time starts

Apr 3 Friday is Good Friday is only a Local holiday

Apr 5 Sunday is Easter Day - Observance

Apr 6 Monday is Easter Monday is a National holiday

May  1 Friday is Labor Day / May Day is a National holiday

May 8 Friday is WWII Victory Day is a National holiday

May 14 Thursday is Ascension Day is a National holiday

May 24 Sunday is Whit Sunday - Observance

May 25 Monday is Whit Monday is a National holiday

May 31 Sunday is Mother's Day - Observance

Jun 21 Sunday is June Solstice

Jun 21 Sunday is Father's Day - Observance

Jul 14 Tuesday is Bastille Day is a National holiday

Aug 15 Saturday is Assumption of Mary is a National holiday

Sep 23 Wednesday is September equinox

Oct 25 Sunday is when Daylight Saving Time ends

Nov 1 Sunday is All Saints' Day is a National holiday

Nov 11 Wednesday is Armistice Day is a National holiday

Dec 22 Tuesday is December Solstice

Dec 24 Thursday is Christmas Eve - Observance

Dec 25 Friday is Christmas Day is a National holiday

Dec 26 Saturday is St Stephen's Day is a Local holiday

Dec 31 Thursday is New Year's Eve - Observance

Please note: A lot of business and shops, Post offices etc will be closed in France on these days.

Cle Mortgages

Blog submitted by: Alex at The French Property Network - Cle France.

Add CommentViews: 3440

Follow Us for the Latest Info

Cle France You Tube Cle France Instagram Cle France Twitter Cle France Facebook

Quick Search

Minimum Beds/Baths

Price Range

Land in sq metres (1 acre = 4000M2)

Join the Mailing List

Select subscriber list :

Featured Properties

Property of the Week

Property of the Week
 
House & Pond in Bucolic Setting

Idyllic Rural Setting

LRFV00778 - Lower Normandy

Priced at €145,500 FAI