View from the Foothills of France

Some personal views on living, working,
bringing up family and making the dream happen in the most beautiful region of France. View from the Foothills of France also includes some personal and professional thoughts and tips on finding and buying the perfect property in the Ariège and Haute Garonne regions.

Archives

Categories

Changes to inheritance laws for French property owners

Children in teepee

For anyone already owning or looking to buy property in France in the next year, there are some interesting and hopefully advantageous changes coming into operation in 2015 which will change the laws that govern current French inheritance applying to foreign home owners in France.

Under current French law, French property is subject to French forced-heirship law, which in practice means the French legal system will decide who receives your property when you die (there are ways around this of course but not guaranteed). This means that your current foreign Will is probably (at least partly) ineffective if it conflicts with the French forced-heirship rules.

However, from August 2015, European inheritance rules are set to change which will have an important and beneficial impact for foreign owners of properties in France (whether permanent residents or holiday home owners). Under the Regulation, after 17th August 2015, any foreigner (this is to be confirmed but  currently the law as it stands applies to all foreigners) who has property in France, can choose either the law of the country of their habitual residence, or the law of their nationality to govern the devolution of their French estate. This ability to nominate which law applies to your estate means that forced heirship provisions will no longer apply.

Having said that, the new rules will only benefit those foreign home owners who have taken the appropriate action which is to make a Will which is valid in France stating which law will apply to their property. This could be done in a French Will or, because in France English Wills (as long as properly drafted) are valid, the nomination can be done in your English Will. Moreover, it can be done now in preparation for the 2015 changes (owners of French property must also be mindful that any nomination made now will have no effect until 2015, which means you need to consider what will happen if you die in the next two years.) If no such Will is made, then the succession of your estate will be governed by the state of your habitual residence.

For the moment, the UK, Ireland and Denmark have all opted out of the new regulation but this does not make much difference because the opt-out simply means that it is not possible to make an election under ‘British’ law for ‘foreign’ law to apply in Britain to British assets, but it does not mean that Britons (or Danes) cannot make an election under the laws of participating EU States.

This article is for guidance only – I am not a lawyer so please take specialist legal advice on all of the above before making any decisions. I work with some excellent lawyers in the UK and France should you need a referral.

Happy New Year

Le Carre de l'Ange restaurant in St Lizier

Le Carre de l’Ange restaurant in St Lizier

Happy New Year – 2014 just sounds such much better than 2013 and property pundits everywhere are busy talking up the market. That’s fine by me but I have come to realise that my clients are very good at ignoring all the hype, both positive and negative because they are not primarily interested in making a quick buck from the ‘right’ house in France; they are motivated by quality of life factors. Which explains why there is still a steady flow of buyers here in the Midi-Pyrénées; one of the top five happiest places to live in France  according to a recent study by Globeco, a group of French analysts.

France has now overtaken Spain to become the most popular country in Europe in which to purchase a property and the second most popular country in the world after the United States for those looking for a second home. This doesn’t surprise me at all; France’s lifestyle appeal has never gone away whatever the economic environment and last year it enjoyed a surge in affordability with stable house prices and historically low interest rates which added further to its attraction.

I am very lucky to be able to help people realise their dreams of owning a home in France and to meet adventurous people who are coming to France for all the right reasons. So this year, I am looking forward to helping more francophiles who have always dreamed of either moving to France or having a second home in France and are brave and determined enough to chase that dream.

May all your french property resolutions come true in 2014.

 

Christmas in the foothills

Christmas in Saint Lizier

Christmas in Saint Lizier

Christmas tends to represent a very definite deadline in the property market; sellers want to know that they have sold and can move on in the New Year and buyers want to have completed and preferably be in their new home for Christmas. By mid December, property hunters have other things on their mind (and over-stretched bank accounts) and sellers have usually decided to wait until the New Year to market their properties. As for agents and Notaires, well they generally go into hibernation in December.

The majority of my clients this year (save those currently going through the offer or completion stages) are now the proud owners of their own home in France which means that their Christmas will have a French theme, lucky them. Christmas here in the foothills of France, to my mind, encompasses all the things that are really important about Christmas while shrugging off (in a very gallic manner) all the worst elements.

The focus in our part of France is on family, food and, because we are lucky enough to be within striking distance of the mountains, snow. In the UK the build up to Christmas seems to start earlier and earlier whereas here, Christmas decorations are only just going up. Of course there is all the usual Christmas fanfare in the shops but there is just not the hype nor the stress here that there is in many places. Most people (us included) will do the majority of their food shopping at one of the many fantastic local markets in the few days before Christmas, all of which will be fresh, locally grown and predominantly organic.

The Christmas meal usually consists of oysters, smoked salmon and foie gras followed by either turkey or, more usually capon, salad, cheese and then the Bouche de Noël, the traditional French log. And no shops or restaurants are open on Christmas day because Christmas is, above all, a family celebration here so nobody is expected to work and the majority of people will be spending the day en famille.

Usually the weather at this time of year in South West France is glorious with cold frosty mornings, blue sky, sunny, warm days and chilly evenings that are best spent in front of the fire. And thanks to our privileged location, we know that we will always have a white Christmas because on Christmas Eve and on Boxing Day we can drive up into the mountains for some sledging, skiing or snow-shoeing, picnics and mulled wine. Now that’s what I call a proper Christmas.

Wishing you all a wonderful and very bonnes fêtes, a very happy New Year and may all your property dreams come true.

 

The Healing Properties of France; the advantages of buying property near a French spa town

The thermal spa in Bagnères de Luchon

The thermal spa in Bagnères de Luchon

Before moving to France I thought that ‘the Cure’ was an 80s pop group but, this being a land of hypochondriacs (and I say that in a fond way) it turns out that ‘the cure’ is actually something you can get on prescription here. I first heard about it when visiting the lovely thermal spa town and ski resort of Bagnères de Luchon; it was April and I was amazed by how busy it was and commented on this to a local restaurant owner. He told me most of the visitors were there to take ‘the cure’.

Here in France, the doctor can prescribe ‘the cure’ for all sorts of illnesses and ailments ranging from arthritis to asthma to diabetes and poor circulation to name just a few. The cure actually involves a trip to a thermal baths/spa to drink the water, soak in the water and get various treatments involving minerals and thermal mud and this treatment can take anything from a few days to a few weeks. What’s more, France having some of the best health care in the world, the majority of the cost of these treatments is covered by the French equivalent of the NHS with the rest usually being paid for by the patient’s top up health insurance known as a mutuelle. Costs covered include the cost of the treatment, the costs of accommodation in the resort while having the cure and the costs of travelling there and back again.

What does this all have to do with the property market? Well quite a lot actually because it explains the year round popularity of thermal towns in France and hence the year-round, high demand for rental properties. So, for example, in Bagnères de Luchon, the ‘Cure’ tourists tend to come in low-season which is spring and autumn while the winter season is booked out by skiers and the summer by walkers, cyclists and summer holidaymakers. So although ‘the cure’ might seem like another generous hand out by the French state, it also has a huge number of knock on benefits in numerous towns around the country and ultimately ensures both a thriving year-round holiday market and a thriving property and rentals market.

Which just shows that it pays to take care of your health as any French person would tell you.