Death in France, money in UK

Post Reply
Crystal
Posts: 862
Joined: Thu Mar 01, 2018 11:36 pm
Has thanked: 98 times
Been thanked: 260 times

Death in France, money in UK

Post by Crystal »

My father died earlier this month. He lived in France but kept most of his money in a UK bank. I've been to see a notaire and he didn't seem to think that was a problem, but when I rang the UK bank to notify them of my father's death, they said they would not be able to release the funds to a French notaire and that according to UK law, I'd have to apply to the court for probate.

Has anyone else been in a similar situation - and if so, what was your experience?

bubbles1
Posts: 3206
Joined: Thu Mar 01, 2018 9:34 pm
Location: Dept 24
Has thanked: 562 times
Been thanked: 471 times

Re: Death in France, money in UK

Post by bubbles1 »

Unless the UK law has changed in the last few years (which it may have - Ill try to find out for you), you do not have to apply for Probate. The bank could apply if they so select to do so. If you father has made a legal will and has funds in his estate which cover any outstanding bills and debts it is only stupid officious institutions who will insist on probate, like banks because they want to hold on to the money for as long as possible - especially as they are probably aware you are not in the UK and may well close the account(s)with them. Inform them you have no intention of applying for probate. I appreciate you may not wish to air all the circumstances on here in oublic so feel free to PM me. If for instance you have a UK bank account then they do not need to release funds to France. They are also legally obliged to accept a French death certificate.
The truth is always the truth even if no-one believes it - a lie is always a lie even if everyone believes it

pomme homme
Posts: 774
Joined: Mon Mar 19, 2018 7:45 pm
Has thanked: 83 times
Been thanked: 141 times

Re: Death in France, money in UK

Post by pomme homme »

Bad advice, bubbles1! Listen to your notaire, Crystal. Even in the UK, only in the case of low value estates will financial institutions release funds to next of kin without a Grant of Probate. If the deceased is French resident, the likelihood is that the French equivalent of a Grant of Probate will be required and it will be necessary to have it resealed in the UK. Take good professional advice to avoid things ending in tears.

Crystal
Posts: 862
Joined: Thu Mar 01, 2018 11:36 pm
Has thanked: 98 times
Been thanked: 260 times

Re: Death in France, money in UK

Post by Crystal »

Thankyou to you both.

However, we have an additional problem. The assets are in Northern Ireland... and from what I've read on the net, it is not possible to obtain a reseal of a foreign Grant of Probate in Northern Ireland. :roll:

I think I'll have to have another meeting with the notaire....

bubbles1
Posts: 3206
Joined: Thu Mar 01, 2018 9:34 pm
Location: Dept 24
Has thanked: 562 times
Been thanked: 471 times

Re: Death in France, money in UK

Post by bubbles1 »

pomme homme wrote:
Wed Jun 27, 2018 11:18 pm
Bad advice, bubbles1! Listen to your notaire, Crystal. Even in the UK, only in the case of low value estates will financial institutions release funds to next of kin without a Grant of Probate. If the deceased is French resident, the likelihood is that the French equivalent of a Grant of Probate will be required and it will be necessary to have it resealed in the UK. Take good professional advice to avoid things ending in tears.
I did say the law may bave changed since I worked in it. Plus the "estate" may be under the obligatory probate regulations the OP didnt say why the bank said it had to go to probate. Poor Crystal this does seem complicated. I hope you dont end up having to have a lawyer in all three countries - that could get expensive. Best of luck - last think you need at this sad time
The truth is always the truth even if no-one believes it - a lie is always a lie even if everyone believes it

Post Reply