Each month, the “big savings meeting” (capital / radio heritage) answers your questions in the “your questions, our answers” sequence. Our experts – notaries, taxpiens, heritage advisers – support you on all your financial issues. Today, Hubert, retired residing tax in Portugal, but having an apartment in France, wonders: should he write his will in his country of residence or in France? And does that have an impact on the taxation of his succession?
In matters of succession, European law allows a resident of a member country to choose the law applicable to its succession: either the law of its country of residence, or that of its nationality. “Hubert, although resident in Portugal, can perfectly opt for French law to settle his succession”specifies Thomas Prud’homoz.
It is possible to choose the law applicable to your succession in Europe
But beware, this possibility only concerns the civil aspect of the succession-that is to say the way in which the heritage will be distributed between the heirs. That does not change the applicable taxation in any way. In other words, if Hubert is a tax resident in Portugal, the Portuguese tax rules will apply. However, if his heirs are domiciled in France and they receive a property located in France, the French administration will also be able to take inheritance rights.
By choosing French law, Hubert must ensure that his will respect The forms provided for by French law : Testament Holograph (written by hand, dated and signed), Authentic will (received by two notaries) or International Testament. In summary, Hubert can choose to write his will according to French law to ensure a distribution in accordance with his wishes. But this choice will not influence the applicable taxation, which will depend on the country of residence and the place of residence of the heirs.
