Answers to your questions

If you come from the United Kingdom, the United States, or another common-law country, the role of a French notaire may be very different from what you expect. A French notaire is a highly qualified lawyer appointed by the French State and entrusted with public authority. Their role is to ensure that important legal transactions are legally secure, comply with French law and are properly recorded. Although the word notaire is often translated as notary, a French notaire is not the equivalent of a UK Notary Public.

More than a Notary Public

In the UK, a Notary Public mainly certifies signatures and documents, particularly for use abroad. In common-law countries, lawyers generally handle legal work such as property transactions, inheritance matters, and legal advice, for example, solicitors in the UK and attorneys in the US.
 

A French notaire combines responsibilities that, in many common-law countries, are divided between lawyers, solicitors, attorneys and Notaries Public. As a result, they do far more than witness signatures or certify documents. They prepare and authenticate important legal documents, carry out the necessary legal checks, and ensure that every transaction complies with French law. Unlike a solicitor, a notaire does not act for one party against another in a transaction. Instead, they must remain impartial, ensure the transaction is legal, and explain its legal consequences to all parties. A key part of the notaire’s role is ensuring each party understands the transaction’s legal implications before signing. If a client does not have sufficient command of French, an interpreter may be required.

When do you need a notaire?

A French notaire is involved in many of life’s most important decisions, including:
 

• buying or selling French property;
• inheritance and estate administration;
• wills and estate planning;
• gifts and wealth transfers;
• marriage contracts and family matters;
• certain business transactions.

Many of these transactions cannot be completed without a notaire.
 

Once signed before a French notaire, an authentic notarial deed (acte authentique) has a special legal status under French law. It provides a high level of legal certainty, has full evidential value and, in many cases, is directly enforceable without first obtaining a court judgment.
 

Whether you are buying a holiday home, settling an inheritance, or planning your family’s future in France, your French notaire is there to help you navigate the French legal system with independence, clarity, and impartiality.

Brexit has not changed your right to buy property in France.
 

British citizens can still purchase property in France, whether as a holiday home, a permanent residence, or an investment. You do not need to be resident in France or hold a French visa to purchase property.
 

Brexit has not changed the purchase itself, but it has changed some of the rules that apply before and after you become the owner.

What has changed since Brexit?

As a British citizen, you are treated as a non-EU national. This mainly affects immigration and administrative formalities, not your right to own property.
 

The main changes include:

Length of stay – For short stays, British citizens are generally subject to the Schengen 90-days-in-any-180-days rule. If you wish to stay in France for longer periods, you may need an appropriate long-stay visa or residence permit.
 

Residency – Buying a property does not automatically give you the right to live in France. If you wish to settle permanently, you will need the appropriate visa or residence status.

Has the buying process changed?

Brexit has not fundamentally changed the legal process for buying property in France.
 

Your notaire will:
 

• verify the legal status of the property;
• carry out all necessary searches and checks;
• prepare the contracts and the final deed;
• collect taxes and registration fees;
• ensure that the transaction complies with French law.

The same legal protections continue to apply, including the ten-day cooling-off period available to non-professional buyers of residential property.

Can I obtain a French mortgage?

Yes. Being a British citizen does not prevent you from applying for a mortgage with a French bank. Lending criteria may differ from those in the UK, and lenders will assess factors such as your income, existing financial commitments and the amount of your deposit.

Should Brexit discourage me from buying in France?

For most buyers, no.
 

Brexit has made living in France more complex from an immigration perspective, but it has not removed British citizens’ ability to buy and own property in France. Many British citizens still buy homes in France, whether as holiday homes, retirement properties, or long-term investments.

If you are considering buying property in France after Brexit, your notaire can guide you through the purchase itself while also helping you understand the legal, inheritance and tax implications that may arise from your individual circumstances.

In most cases, no.
 

You usually don’t need to travel to France each time a document needs to be signed during the property-buying process. If you can’t attend in person, your purchase can often proceed using a power of attorney (procuration), allowing someone to sign the final deed on your behalf. Depending on your notaire’s requirements and your individual circumstances, you may be asked to sign the power of attorney before a UK solicitor, together with certified copies of your identification documents. In many cases, however, you can now sign the power of attorney remotely through a secure online procedure organised by your notaire. This process will require a reliable internet connection and a valid ID. The person you have authorised then signs the final deed in France.

How does it work?

If you cannot be present for the completion, your notaire will prepare a power of attorney authorising a trusted person—or, quite commonly, a member of the notaire’s office—to sign the deed in accordance with your instructions.
 

Before granting the power of attorney, you will receive the draft deed and all the relevant documents. Your notaire will explain the transaction, answer any questions and ensure that you understand its legal consequences before your representative signs the deed on your behalf.

Is it secure?

Yes.
 

French notaires use secure electronic identification, videoconferencing and signature systems approved by the French notarial profession for remote powers of attorney. These systems verify your identity, protect your personal data, and ensure you give your consent freely and knowingly. Consumer platforms such as Zoom, FaceTime or WhatsApp cannot be used for this purpose.

Should I still travel to France?

If you have the opportunity, many buyers enjoy being present when they collect the keys to their new home.
 

However, from a legal perspective, your physical presence is often not essential. Many international buyers complete their purchase successfully while remaining in the UK throughout the transaction.
 

Every transaction is different.
 

Whether a remote signature or a power of attorney is appropriate depends on the nature of the transaction and your individual circumstances.
 

Your French notaire will advise you on the most suitable solution and ensure your purchase proceeds as smoothly and securely as possible.

In most cases, buying a property in France takes about three months, from signing the preliminary contract (compromis de vente) to the final deed of sale (acte authentique).
 

For buyers from the United Kingdom, the United States and other common-law countries, this timeframe can often come as a surprise. However, it is important to understand that this is not simply administrative waiting time.

Why does buying property in France take around three months?

This period allows the legal and administrative checks required before completion. Unlike the conveyancing process in many common-law countries, the French system is designed to resolve as many legal issues as possible before ownership changes hands, rather than afterwards.
 

During this period, your French notaire conducts all the legal and administrative investigations required to ensure the transaction complies with French law and that the property can be transferred safely and securely. These checks include, among others:
 

• verifying ownership of the property;
• checking the Land Registry records;
• investigating easements and other legal restrictions affecting the property;
• obtaining planning and local authority information;
• confirming whether any public authority or individual has a right of pre-emption;
• ensuring that all legal conditions required for completion have been satisfied.
•  

Although these investigations take time, they protect both the buyer and the seller by identifying and resolving potential legal issues before the final deed is signed.

Buying from abroad may require additional time.

If you are purchasing a French property from outside France, allow time for certain international formalities.
 

One of the most common causes of delay is transferring the purchase funds. Before the sale can be completed, your French notaire must check the origin of the funds used to finance the purchase as part of anti-money laundering requirements. Depending on your personal circumstances, you may therefore be asked to provide documents such as bank statements, evidence of a previous property sale, inheritance documents, gift documentation or other records explaining the source of your funds. These checks are not specific to overseas buyers—they are a legal requirement designed to protect the integrity of every transaction.
 

International bank transfers can also take longer than expected, particularly when large sums are involved, or when your bank carries out additional compliance checks. Providing the requested documents as early as possible will help avoid unnecessary delays towards the end of the transaction.

Can the purchase be completed more quickly?

Sometimes.
 

Every property purchase is different. While some straightforward transactions may be completed sooner, purchases involving overseas buyers, international fund transfers, inheritance matters, financing arrangements, or missing documentation may take longer.
 

Your French notaire cannot complete the sale until all legal requirements have been met. This approach is one reason the French conveyancing system offers such a high level of legal certainty.

Why this time matters

Three months may initially seem like a long time to complete a property purchase. However, that time serves an important purpose.
 

By the day you sign the final deed, your French notaire has already completed the legal investigations necessary to ensure that ownership can be transferred with confidence and that all legal requirements have been met.
 

In other words, the French system doesn’t just aim to complete the transaction—it aims to complete it securely.

Yes—and in France, this is perfectly normal.
 

For many buyers from the United Kingdom, the United States, and other common-law countries, this is one of the most surprising aspects of the French property-buying process.
 

In your home country, the buyer and the seller would normally each appoint their own lawyer to represent their individual interests. In France, the system works differently because a French notaire does not represent one party against the other. Instead, they must remain impartial and ensure the transaction is legally secure and fully compliant with French law.

How can one notaire act for both parties?

The key difference lies in the French notaire’s role.
 

Unlike a solicitor or attorney in a common-law jurisdiction, a French notaire is a public officer appointed by the French State. Their duty is not to advocate for either party, but to remain impartial, ensure that the transaction complies with French law and explain its legal consequences to everyone involved.
 

Their role is to:
 

• verify the legal status of the French property;
• ensure that the sale complies with French law;
• explain the legal consequences of the transaction to both parties;
• prepare the authentic notarial deed of sale;
• collect and pay the relevant taxes and registration fees;
• ensure that ownership is transferred securely.
•  

By law, the notaire must remain impartial.

Can I appoint my own notaire?

Absolutely.
 

Although a single notaire can handle the transaction, each party can appoint their own notaire if they wish. This is quite common when one party already has a trusted notaire, when the buyer lives in another part of France, or when an international client prefers to work with a notaire who speaks their language or has experience in cross-border matters.

Will I pay higher fees if there are two notaires?

Appointing your own notaire does not increase the transaction cost. This often surprises international buyers.
 

For a standard property sale, appointing a second notaire does not increase the regulated notarial remuneration. If each party appoints their own notaire, the two professionals share that remuneration, rather than charging it twice. There is no additional cost for the buyer or the seller.

Should I appoint my own notaire?

The answer depends on your circumstances.
 

For many transactions, one notaire is perfectly sufficient.
 

However, if you are buying property in France from abroad, have questions about how French law interacts with your home country’s law, or feel more comfortable dealing with a notaire familiar with international clients, appointing your own notaire may provide additional reassurance. This is particularly valuable where international clients wish to discuss the transaction in their own language.
 

Remember that even when two notaires are involved, they work together rather than as opposing legal professionals. Their shared objective is to ensure that the transaction is legally secure and completed in accordance with French law.

The answer is not always straightforward.
 

Many foreign owners assume that their French property will automatically pass under French inheritance law.
 

In reality, this is often not the case.
 

The law governing your succession may depend on several factors, including your habitual residence, your nationality and whether you have made a valid choice of law in your will.
 

If you own property in France, who inherits it will depend on the law governing your succession. If you have not made a valid choice of law, the applicable law will generally be determined under the EU Succession Regulation, often known as Brussels IV. As a general rule, this is the law of the country in which you were habitually resident at the time of your death. A key principle of the Regulation is that a single law should, in principle, govern the succession as a whole, making it easier to deal with estates involving more than one country.
 

This Regulation has universal scope: when it designates the law applicable to a succession, this law must be applied even if it is the law of a State outside the European Union. However, the law governing your succession is not always imposed upon you. Under certain conditions, you may choose it.
 

This means that owning property in France does not, by itself, mean that French inheritance law will govern who inherits it.

Planning makes all the difference.

Since the introduction of the EU Succession Regulation, individuals may choose the law of the country of which they are nationals to regulate their estate. This is the only possible option. You cannot choose among the laws of countries of which you have been a resident. If you hold dual citizenship, you can choose the law of either country.
 

For example, nationals who hold both British and Irish passports may choose between the Law of Succession of England and Wales and the Irish Succession Law. Likewise, nationals who hold both American and Italian passports may choose between the US and Italian Inheritance Laws.
 

Whichever law is chosen will apply to the entire estate wherever it is located in the world. Choosing the law of your nationality allows your entire estate, including your French property, to be governed by that law. This choice has to be made expressly in your Will.

What happens if the French Inheritance Law applies?

If you have not planned and have had your habitual residence in France at the moment of your death, then it is most likely that French Inheritance Law will govern your entire estate, including your French property.
 

French inheritance law differs significantly from the law of most common-law countries.
 

Unlike the UK or many US states, French Inheritance law protects certain close family members by reserving part of the estate for them.
 

French law protects children through a system known as forced heirship, referred to in France as the réserve héréditaire, while only the remaining part of the estate can be freely bequeathed to someone else. Forced heirship depends on the number of children:
 

• one child: one-half of the estate;
• two children: two-thirds of the estate;
• three or more children: three-quarters of the estate.

Does this mean my spouse will not inherit?

Not necessarily.
 

The rights of a surviving spouse depend on many factors, including:
 

• whether there are children;
• whether all the children are from the same relationship;
• your matrimonial property regime;
• whether you have made a will;
• whether lifetime planning has been carried out.

Can I decide who inherits my French property?

Often, yes—but making a Will is essential.
 

Indeed, should your succession be governed by French Inheritance Law, forced heirship will limit your freedom to leave your estate entirely to the beneficiaries of your choice.
 

Deciding whether to rely on your existing will, prepare a separate French will or elect the law of your nationality requires careful consideration of your personal and family circumstances.
 

A solution that works well for one family may produce unexpected consequences for another.

Do not leave your inheritance to chance.

Making arrangements for your inheritance as early as possible is the best way to avoid unexpected results when the time to settle your succession comes.
 

Suppose your estate includes property in France. A French notaire will need to be involved in settling the French aspects of the succession, even where French inheritance law is not the law governing the succession. French inheritance tax also follows its own rules. Importantly, the law governing your succession and the rules determining inheritance tax are separate questions. Choosing the law of your nationality does not, by itself, determine where inheritance tax will be payable. You may want to contact your French notaire to understand how they apply.
 

For international families, inheritance planning is rarely just about a French property.
 

It often involves coordinating the laws of two or more countries, considering different tax systems and ensuring that your wishes are carried out as smoothly as possible.
 

Seeking advice before problems arise can help avoid uncertainty, protect your loved ones, and ensure your estate passes on under the most appropriate legal framework for your circumstances. If you own property in France, seeking advice from your French notaire before making or updating your Will can make a significant difference.

In most cases, yes.
 

A will that has been validly executed in the United Kingdom will generally also be recognised as formally valid in France. This remains the case following Brexit.
 

One reason is that both France and the United Kingdom apply the 1961 Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions, which is specifically designed to facilitate the recognition of wills in international situations. The Convention allows a will to be recognised as formally valid if it complies with one of several connecting laws:
 

• the law of the country where it was executed,
• the law of the testator’s nationality, domicile or habitual residence when it was executed or at the moment of the testator’s death,
• or, in the case of immovable property, the law of the country where the property is located.

The Convention continues to apply independently of Brexit.

Is formal validity the only question?

No—and this is where many international families are caught by surprise.
 

A will may be perfectly valid from a legal perspective while still producing inheritance consequences that differ from what you intended.
 

Whether your wishes can be fully carried out will depend on several factors, including:
 

• the law governing your succession;
• your nationality and habitual residence;
• the terms of your will;
• the location of your assets;
• and your personal and family circumstances.

In other words, a valid will does not automatically guarantee the outcome you expect.

Do I need to rewrite my UK will?

Not necessarily.
 

Buying a French property does not automatically mean that you need a new French will.
 

For many international families, an existing UK will continues to work perfectly well. For others, reviewing the will—or preparing a separate French will—may simplify estate administration and better reflect the family’s wishes.
 

The right solution depends entirely on your individual circumstances.

Should I review my will after buying property in France?

Yes.
 

Buying property abroad is an ideal opportunity to review your estate planning, even if your existing UK will remains valid.
 

A review can help ensure that:
 

• your will works effectively in an international context;
• your wishes can be carried out as intended;
• your succession planning reflects your current family and financial circumstances;
• your loved ones are less likely to face unnecessary legal complications.

Often, only a few carefully considered amendments are needed.

Planning brings peace of mind.

For many international families, a UK will is an excellent starting point.
 

However, where assets are located in more than one country, succession planning is rarely just about the formal validity of a will. It is about ensuring that your will works effectively within the legal framework that will ultimately govern your estate.
 

Reviewing your estate plan with a French notaire experienced in cross-border succession can help ensure your wishes are carried out as intended and make estate administration as straightforward as possible for your loved ones.

Not necessarily.
 

Many international families are surprised to learn that buying a property in France does not automatically mean they need a separate French will.
 

In many cases, an existing will made in the UK can also cover assets situated in France. The important question is not simply where the will was made, but whether your existing estate planning takes account of your international circumstances and will achieve the result you intend.
 

The key is therefore not the country in which the will was made, but whether it has been drafted with your international circumstances in mind.

So what is a separate French will?

A separate French will is simply an additional will prepared to deal specifically with assets situated in France. When a separate French will is used, it is usually drafted to deal specifically with assets situated in France and to work alongside any existing will dealing with assets elsewhere. Its purpose is not to change your overall estate plan, but to help ensure that your French assets are dealt with in the most appropriate way as part of your wider succession planning.
 

Careful coordination between the two is essential.

Why do some people choose to have one?

A separate French will is not necessary for everyone, but it may be worth considering in certain situations.
 

For example, where:
 

• your existing will was prepared before you acquired assets in France and has not since been reviewed in light of your international circumstances;
• you own substantial assets in more than one country;
• your family situation has become more complex, for example, following a marriage, remarriage or the birth of children;
• your estate planning involves more than one legal system;
• you would like your French assets to be dealt with separately from the rest of your estate.

These are only examples. Whether a separate French will is appropriate depends on your personal circumstances.

Can two wills work together?

Yes.
 

Two wills can work effectively together, provided they are carefully drafted and coordinated.
 

The greatest risk is not having two wills—it is having two wills prepared independently that unintentionally contradict one another. For example, a later will may inadvertently revoke an earlier one or create uncertainty about which assets each will covers.
 

For this reason, if you decide to have separate wills, they should always be considered as part of one coordinated estate plan.

What about an international will?

France also recognises the international will, a particular form of will introduced by the 1973 Washington Convention for use in an international context. It provides a recognised framework for a will’s formal validity in participating countries, but does not determine which country’s succession law applies.
 

Although less commonly used in practice, an international will may be appropriate in certain circumstances. Your notaire can advise you whether it offers any advantage in your particular situation.

So what is the best solution?

There is no universal answer.
 

For some families, a single existing will may be sufficient. For others, a separate French will may offer practical advantages. In certain circumstances, an international will may also be appropriate.
 

The most suitable solution depends on your family, your assets, your succession-planning objectives and how your existing will has been drafted.

One estate plan, not competing documents

The question is rarely whether you need one will or two.
 

The more important question is whether your estate plan works as a whole.
 

Reviewing your estate plan with a French notaire experienced in cross-border succession can help ensure that your testamentary arrangements work together effectively, reflect your wishes and make the eventual administration of your estate as straightforward as possible for your loved ones.

If your life has connections to more than one country, you may, under certain conditions, choose the law of your nationality to govern your succession.
 

Rather than leaving the applicable law to be determined after your death, the EU Succession Regulation (Brussels IV) allows you to make that choice in advance. This can provide greater certainty, particularly where your family, residence or assets extend across more than one country.
 

How do I choose the law that applies to my estate?

You choose it in your will.
 

To be effective, it should be clearly expressed in a valid testamentary document. Simply assuming that the law of your home country will apply is not enough.
 

Because the legal requirements are specific, professional advice is often essential to ensure that your wishes are properly reflected.

Can I choose any State’s law?

The law does not allow you to choose whichever legal system you prefer.
 

You may choose the law of your nationality at the time you make your will or at the time of your death. If you hold more than one nationality, you may choose the law of any of those countries.

Why would I choose the law of my nationality?

Choosing the law of your nationality may, in some circumstances, allow your succession to be governed by a legal system that is more familiar to you and better reflects your wishes.
 

It may also provide greater consistency when your family, assets, or personal circumstances extend across more than one country.
 

However, the most appropriate choice depends on your individual situation. What works well for one family may not suit another.

What happens if I do not choose a law?

If you do not make a valid choice, the law governing your succession will be determined by the rules of the EU Succession Regulation.
 

As a general rule, the EU Succession Regulation designates the law of the State in which you were habitually resident at the time of your death.
 

International successions can nevertheless be complex, particularly where assets or family members are located in countries outside the European Union. The private international law rules of other countries may also need to be considered.
 

This is one reason why getting advice before making or reviewing your will matters.

Does choosing the applicable law solve every issue?

Choosing the law governing your succession is an important estate planning decision, but it is only one part of the overall picture.
 

For instance, choosing the law governing your succession does not determine which inheritance tax rules will apply. Succession law and inheritance tax are separate questions, and different rules may apply to each.
 

International successions often involve several legal systems working together. A choice of law helps establish the legal framework for your succession, but other legal and tax considerations may still need to be addressed.

Planning gives you greater certainty.

One of the greatest advantages of the EU Succession Regulation is that it allows many international families to plan.
 

Rather than leaving the applicable law to be determined after your death, you may, in appropriate circumstances, decide in advance which legal system should govern your succession.
 

Reviewing your estate plan with a French notaire experienced in cross-border successions can help ensure that any choice of law is properly expressed, works effectively alongside your will and reflects your wishes as accurately as possible.

If your French notaire asks questions about the origin of the funds you are using to buy property in France, it is not because they suspect you have done anything wrong.
 

French notaires are subject to strict anti-money laundering and counter-terrorist financing rules. As part of their legal duties, they must check the funds involved in transactions and, where necessary, ask about their origin and request supporting documents.
 

These checks are a normal part of the transaction and apply to both French and international clients.

Why does my notaire need supporting documents?

Depending on your circumstances, your notaire may ask you to provide evidence showing the source of funds used for the purchase.
 

For example, the funds may come from:
 

• savings accumulated over time;
• the sale of another property;
• an inheritance;
• a gift from a family member;
• the proceeds of an investment or business.

The documents requested will vary from one transaction to another. They help the notaire understand and document the source of the funds used for the purchase.

Why are these checks sometimes more detailed for international clients?

International transactions often involve:
 

• funds transferred from overseas;
• several bank accounts;
• different currencies;
• or documents issued in another country.

This does not mean anything unusual or improper about your transaction. However, where funds move between different countries, banks or currencies, your notaire may need additional information to understand and document their origin and movement. The level of due diligence required will depend on the circumstances of the transaction, including the countries involved.
 

These checks are legally required, and the notaire cannot waive them.

What happens if I cannot provide the information?

Your notaire cannot simply ignore their legal obligations.
 

If you do not provide sufficient information or supporting documents, the transaction may be delayed and, in some circumstances, the notaire may be unable to proceed.
 

For this reason, it is always advisable to provide the requested documents as early as possible.

Are my financial documents kept confidential?

Yes.
 

French notaires are bound by strict rules of professional confidentiality. The financial information and documents you provide are handled confidentially and used in accordance with the notaire’s legal and professional obligations.

These checks protect everyone involved.

Although questions about the origin of your funds may sometimes feel intrusive, they are an important part of the French legal system.
 

They help protect buyers, sellers and the integrity of the property market by ensuring that transactions are carried out transparently and in compliance with the law.
 

Providing the requested information promptly is one of the simplest ways to help your purchase proceed smoothly.