DA-Tax
Lasting Powers of Attorney and Deputyships
This article is for general information only. You should not act or refrain from acting in reliance of it. You should always obtain professional advice on the facts of your particular case. Nothing in this article constitutes financial advice. The owner of this site accepts no liability.
The best outcome is to avoid a probate in France. If an elderly person returns to the UK for care and their French property is sold and French bank accounts closed then there will be no probate in France.
This means no vacant property, no ongoing costs and no French inheritance tax to pay. It should save a lot in fees and taxes.
An issue which can come up is if the elderly person loses capacity to manage their affairs. It is a good idea for them early on to sign an English lasting power of attorney or for an English Deputyship Order to be made. Although not straight forward in France the attorney or deputy should be able to sell the property and close the bank account.
The deputy or attorney can be a family member or a professional attorney or deputy such as a solicitor. Appointing a professional involves fees which can be paid from the estate. It will often work out much easier to use a professional deputy or attorney to deal with matters in France especially if complications are expected.
Feel free to contact me to discuss.
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