How to Get Probate in the UK for a French National
August 24, 2012 By Purely Probate
A brief explanation of how to get probate in the UK for a French person owning assets in the UK at the date of death, and what to do if it is necessary to remove an administrator appointed for the use and benefit of someone else. If a French person dies with assets in the UK the executors may have to get probate in the UK before the asset can be released.
Frequently in France there is no Will. In order to get probate in the UK it will be necessary to get:
1. Translation of the “Suite au deces de” (affidavit made by the French notary following the death of the individual concerned).
2. The principal beneficiary (eg the widow) must swear on oath that they are beneficially entitled to inherit.
3. A French notary must swear an affidavit supporting the application and saying that the appropriate French tax has been paid.
4. UK tax forms must be completed (IHT 205 or IHT 400 and IHT 421).
An additional issue we recently experienced was that probate had previously been issued to someone “for the use and benefit” of the beneficiary “until further representation be granted”.
The person to whom probate was granted was no longer co-operating. In order to get her removed we submitted all the papers above plus a letter from the beneficiary saying that she now wished to withdraw the Power of Attorney on which the previous probate was based. The probate registry substituted her as the administrator.
ABOUT THE AUTHOR: Judith Derbyshire
Judith Derbyshire is the principal of the UK law firm Purely Probate. She founded Purely Probate, a niche law firm specialising in probate, wills and powers of attorney to provide an excellent, efficient and caring service for a pre-agreed price.
Copyright Purely Probate
More information about Purely Probate
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
1. Translation of the “Suite au deces de” (affidavit made by the French notary following the death of the individual concerned).
2. The principal beneficiary (eg the widow) must swear on oath that they are beneficially entitled to inherit.
3. A French notary must swear an affidavit supporting the application and saying that the appropriate French tax has been paid.
4. UK tax forms must be completed (IHT 205 or IHT 400 and IHT 421).
An additional issue we recently experienced was that probate had previously been issued to someone “for the use and benefit” of the beneficiary “until further representation be granted”.
The person to whom probate was granted was no longer co-operating. In order to get her removed we submitted all the papers above plus a letter from the beneficiary saying that she now wished to withdraw the Power of Attorney on which the previous probate was based. The probate registry substituted her as the administrator.
ABOUT THE AUTHOR: Judith Derbyshire
Judith Derbyshire is the principal of the UK law firm Purely Probate. She founded Purely Probate, a niche law firm specialising in probate, wills and powers of attorney to provide an excellent, efficient and caring service for a pre-agreed price.
Copyright Purely Probate
More information about Purely Probate
View all articles published by Purely Probate
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
