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FRANCE

Reader question: Is my non-French Will valid in France?

We don't want to put a downer on anyone's new life in France, but it's time to talk about death.

Reader question: Is my non-French Will valid in France?
Photo: Rosmarie Voegtli | CC BY 2.0

Moving to France and buying property here involves a lot of paperwork, but one piece of paper that is often forgotten in a Will.

So do you need to make a whole new Will when either moving to France or buying property here, or is your old Will valid?

The short answer is that your previous Will can remain valid – but under some conditions.

Long answer: If you make it clear that this is what you want, your non-French Will can apply over your estate, otherwise French inheritance law will take precedence over – at least – any French assets you may hold.

READ ALSO Wills, estates and notaires – what you need to know about inheritance laws in France

All non-French residents in France can opt for the law of the country of their nationality to apply to their estate. This law still applies to Britons, despite Brexit, so it may not be necessary to make an entire new Will.

But this decision has to be clearly expressed, otherwise – under the same EU regulation that allows you to choose under which law your estate shall be administered – the law of the country of the deceased’s last residence will apply to the entire estate.

At a minimum you will need to add a codicil to your Will, stating that you want the law of your home country, not French law, to apply.

Alternatively, a testament olographe stating that you want the Will of your nationality to apply, should be sufficient – though this is best done with the help of a notaire.

If you don’t live in France but do have property here then your home country’s Will should apply, but for the avoidance of doubt it is better to add that Codicil clearly statting that you do not want French law to apply to your French assets.

If you do decide to make a new Will in France, do seek professional advice from a notaire, since it’s not as simple as just leaving all your worldly possessions to whoever you like. French inheritance rules may be very different to the ones you are used to and include, for example, a ban on disinheriting your children.

You can make two Wills – one for your assets in your home country and one for your assets in France – but this should not be done without professional advice to ensure that the two Wills are not in conflict with each other.

Be aware, too, that under French law there are certain rules on who can inherit what. So, if you make a French Will for your French assets, they will have to comply with these rules.

For more answers to frequently asked questions about Wills and inheritance in France click here

The Notaires de France website also offers useful advice in English, while a list of English-speaking notaires in France is available here.

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PROPERTY

What do energy ratings mean for French property owners?

If you're buying, selling or renting a property in France you will need to get an energy rating, and the score given to the property will affect how or even if you can sell or rent it.

What do energy ratings mean for French property owners?

Since 2006, all properties in France have been rated on a scale of A to G on their energy efficiency – this is a rating based on things like how well-insulated the property is and what method is used for heating the property and the water.

The energy performance rating must be included in the paperwork of any property that is for sale or for rent and it looks like this.

Image Ministère de la Transition Écologique et de la Cohésion des Territoires

As well as providing useful information for a future owner or tenant on how much they are likely to be spending on gas/electricity bills, the energy ratings can also affect future plans for a property.

What the ratings mean

Any property that is rated A-C will generally be in good repair with an efficient heating system and an adequate level of insulation.

Properties rated D will likely be more difficult to keep warm in winter and cool in summer, and are likely to bring in a steeper bill for heating during the winter months.

However, properties rated E, F and G bring with them serious legal restrictions.

Heat sieves

Properties rated F or G are dubbed passoires thermiques (heat sieves) or sometimes passoires enérgetiques (energy sieves).

If you want to sell a property with an F or G rating you are required to pay for an extra ‘energy audit’ (at a cost of around €1,000) to give the buyer a detailed breaking of where the building is wasting energy and how it can be put right.

There are already restrictions in place on rents charged for F and G rated properties and from January 1st 2025 it will become illegal for landlords to renew a contract or offer a new contract on a G rated property. This will be followed by F and then E rated properties.

Because of these restrictions, properties with a F and G rating have a lower market value, and may be difficult to sell at all. 

E rating 

At present there are no legal restrictions on E-rated properties, but rental restrictions are scheduled to come into effect in 2034.

There are currently no plan to impose an energy audit in order to sell E-rated properties, but it doesn’t seem beyond the realms of possibility that this may become a requirement in the future.

Grants

On the bright side, owning property with a poor energy rating does mean that you are eligible for various grants to do the work necessary to improve its rating (which will have the happy side effect of cutting your energy bills).

The French government has a €5 million fund to help homeowners do energy-related renovations, mostly available via grants from the MaPrimeRenov scheme.

GUIDE: French property guides you might be eligible for

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