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Peter Collins
Peter Collins,
Category: Property Law
Satisfied Customers: 9054
Experience:  Barrister at Self Employed
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Thanks. My wife and I live in France, both aged 65. We have

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Thanks. My wife and I live in France, both aged 65. We have a house in Bristol we rent to our daughter (one of our 4 adult children) and would like to sell it to her. In effect, she would be receiving a gift from us of about £100k, as we would receive about 200k (all she can afford) from a house worth 300k. We would then buy another property for 200k or so in order to rent out, with a view to perhaps moving back to the UK if we need to in the future. We do not have any other property in UK, only the house in France. We need 2 bits of legal service, conveyancing for the house sale to our daughter, and advice on how to structure our will to reflect that she has in effect received her inheritance in advance.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: We haven't yet spoken to a lawyer. We live in France. The legal question relates to England.
JA: What steps have you taken so far?
Customer: Our daughter has investigated a mortgage and received advice that she and her husband can probably get a mortgage of around 200k.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We may need to make our will in France as we live here.

Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

Can you confirm for me - are you looking to make/ redraft an English will, governed by UK law, despite living in France?

Customer: replied 1 month ago.
Thanks for your response. I don't know, to be honest. I think we are bound to make a French will as we live here, but I would like to redraft our current UK one instead if that were possible, as I understand the French inheritance requirements are quite inflexible. We haven't yet made a French will.

Thank you for the reply. Yes French law is very inflexible on this point!

There's a helpful summary of the position here which I hope will help: https://www.spectrum-ifa.com/wills-expats-france/

It's possible to have 2 wills, one for France and one for the UK assets.

Your UK will can be updated via a codicil, which can set out the changes you need to make, rather than having to redraft all over again.

If your UK and French assets do not compete, then a separate French will for the house and any savings held in France would then suffice. There is guidance on how to write this in the link above.

For a codicil to update your UK will, please see here: https://www.gov.uk/make-will/updating-your-will#:~:text=Making%20changes%20to%20your%20will,way%20as%20witnessing%20a%20will.

That was one question. Your other was for a conveyancer - for this you'll need to intsruct someone directly.

There are two options - search locally with the link here: https://solicitors.lawsociety.org.uk/

Or use on of the larger national firms that offer a fixed fee package - you'll have to look via a search engine for this.

I trust that this is of use? Can I help further today?

Customer: replied 1 month ago.
Thank you so much, that is all very useful. Best wishes, Bryan Cox

My pleasure, very happy to help.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

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