Guide for French Expats: Estate Planning and Advance Care Planning

Preparing your Succession and Protecting Yourself against Life’s Uncertainties while Living Abroad

When living abroad, estate planning becomes even more important. It’s not just about organizing the transfer of assets upon death but also about putting measures in place to protect both yourself and your loved ones in the event of temporary or permanent incapacity.

Unexpected events such as accidents or illness can happen at any time, and failing to plan ahead can make it difficult for your family to manage both legal and financial matters, adding unnecessary stress to an already emotional situation.

1. How to Plan Your Succession as a French Expat: Protecting Your Loved Ones with a Will

Many French expats overlook the need for a will, assuming that the succession laws of their home or host country will be sufficient. However, succession rules vary widely between jurisdictions. Without a legally valid will, asset distribution may not align with your wishes and could lead to complications for your heirs.

Key Considerations for Estate Planning as a French Expat

• Legal Variations Across Countries

  • In France, the réserve héréditaire (forced heirship) protects children, ensuring they receive a portion of the estate.

  • In England and Wales, individuals have full freedom to allocate their estate as they see fit.

    
    

• Which Law Applies to a French Expat’s Estate?

  • Under EU Regulation 650/2012, an individual may choose the law of their nationality to govern their estate. This election must be explicitly stated in a legally valid will. Failure to specify the applicable law can lead to legal uncertainty and conflict between different jurisdictions.

    
    

• Appointing an Executor

  • Naming an executor simplifies the administration of your estate, particularly in Common Law countries such as the UK, where estate settlement requires Probate.

    
    

• Making a Will Valid Across Multiple Jurisdictions

  • If you own assets in multiple countries, you may need multiple wills, each drafted in compliance with local laws.

    
    

• International Inheritance Tax Considerations

  • Succession law and taxation are separate matters. Inheritance tax rules vary significantly, and it’s crucial to consult an international tax advisor to optimize tax liabilities for your heirs.

    
    

2. Protecting Yourself in Case of Incapacity: Powers of Attorney

An accident, illness, or cognitive decline may render a person incapable of managing their affairs. In such cases, a power of attorney (POA) or lasting powers of attorney (LPA) allows a trusted individual to make decisions on their behalf.

Legal Mechanisms in Different Countries

• In France:

  • A Mandat de Protection Future (Future Protection Mandate) enables you to appoint a representative to manage your affairs should you become incapacitated. It can be established either privately or through a notary.

    
    

• In the UK:

  • England & Wales:

    • A Lasting Power of Attorney (LPA) allows you to designate an agent for:

      • Property & Financial Affairs LPA (financial matters)

      • Health & Welfare LPA (medical and personal care decisions)

  • Scotland:

    • Similar systems exist with Continuing Power of Attorney (CPA) and Welfare Power of Attorney (WPA).

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⚠ Important Note: A legal instrument established in one country may not be automatically recognized in another. You may need separate legal documents in different jurisdictions to ensure full protection.

3. End-of-Life Planning and Informing Your Loved Ones

Thinking about end-of-life preferences can prevent family disputes and ensure your wishes are respected.

Advance Directives in France

• Directives Anticipées (Advance Directives): A document specifying medical treatments you wish to accept or refuse if you become unable to communicate your preferences.

  
  

• Appointment of a Trusted Person: Allows a designated individual to represent your wishes in medical discussions.

  
  

Advance Care Planning in the UK

• Advance Statement – A document outlining wishes, preferences, and priorities for care.

• Appointment of a Healthcare Proxy – Designating someone to make medical decisions.

• Advance Decision to Refuse Treatment (ADRT) – A legally binding directive to refuse specific medical treatments.

• LPAs for Health and Welfare – As mentioned earlier, LPAs can be used for medical decisions.

  
  

Funeral Planning

Regardless of location, it is crucial to express your funeral wishes. Without clear instructions, your loved ones may face difficult decisions about:

• Burial or cremation preferences

• The location of the ceremony

• Religious or civil service arrangements

  
  

4. Organizing and Documenting Your Affairs

Good estate planning goes beyond just wills and directives—it includes proper organization of all your personal, financial, and digital assets.

• Financial Inventory

  • In France, the government maintains a centralized bank account registry (FICOBA), but no such system exists in the UK.

  • Expats should keep a comprehensive list of all bank accounts, pensions, and investments across different countries.

• Managing Digital Assets

  • Appoint a digital executor to handle:

    • Email accounts

    • Online banking and subscriptions

    • Social media and cloud storage

Conclusion: Taking Responsibility for Your Future and Protecting Your Loved Ones

Planning ahead is an act of responsibility that spares your loved ones from legal, financial, and emotional burdens. Whether it’s drafting a will, setting up a power of attorney, or preparing advance directives, these proactive steps ensure that your wishes are honored and that your family is not left in a state of uncertainty.

💡 Consulting with an international legal expert is highly recommended to ensure that your estate plan is legally valid and effective in all the jurisdictions where you have assets or legal ties.

👉 Need Expert Guidance?I can connect you with professionals in my network who specialize in international estate planning, succession law, and tax optimization. Don’t hesitate to reach out!