{"id":2104259,"date":"2026-08-22T05:10:32","date_gmt":"2026-08-22T03:10:32","guid":{"rendered":"https:\/\/kohenavocats.fr\/2026\/08\/22\/uk-executor-french-inheritance-apostille-translation-notary-refusal\/"},"modified":"2026-08-22T05:10:32","modified_gmt":"2026-08-22T03:10:32","slug":"uk-executor-french-inheritance-apostille-translation-notary-refusal","status":"publish","type":"post","link":"https:\/\/kohenavocats.fr\/en\/2026\/08\/22\/uk-executor-french-inheritance-apostille-translation-notary-refusal\/","title":{"rendered":"UK Executor and a French Inheritance After Brexit: Apostille, Sworn Translation and What to Do if a Notary Refuses the File"},"content":{"rendered":"

When a British executor is asked to deal with a bank account, shares or other assets in France, the first obstacle is often not the inheritance itself. It is the evidence. A sealed UK Grant of Probate may establish who can administer an estate under the law of England and Wales, yet a French notaire<\/em> \u2014 a French civil-law notary with public functions \u2014 may still ask for an apostille, a sworn French translation and documents proving who the heirs are. After Brexit, the file can also contain a will governed by one law, assets governed by another and a family living in several countries.<\/p>\n

This distinction matters. An apostille authenticates the origin of a public document; it does not decide who inherits. A Grant of Probate shows the authority of a personal representative; it is not automatically a French acte de notori\u00e9t\u00e9<\/em>, the notarial deed used to establish prima facie proof of heir status. The practical objective is therefore to build a chain of proof that the French notary can use: death, applicable law, beneficiaries, authority to act, document authenticity and tax deadlines. This guide explains that chain, the documents normally requested from a British executor and the steps to take when a French notary rejects or leaves the file pending.<\/p>\n

I. What the French notary must establish before releasing or transferring the estate<\/h2>\n

A. Why a UK Grant of Probate is evidence of authority, not a French acte de notori\u00e9t\u00e9<\/h3>\n

The starting point is the opening of the French succession, meaning the legal estate created by the death. Article 720 of the French Civil Code states: \u00ab Les successions s’ouvrent par la mort, au dernier domicile du d\u00e9funt. \u00bb In English, the succession opens on death at the deceased\u2019s last domicile. The place of death and the deceased\u2019s nationality are not, by themselves, a complete answer to the applicable law. The notary must identify the last habitual residence, any valid choice of law, the matrimonial property regime, the location of assets and the existence of a will.<\/p>\n

French law also distinguishes between the people who inherit and the person who administers the estate. Article 724 provides: \u00ab Les h\u00e9ritiers d\u00e9sign\u00e9s par la loi sont saisis de plein droit des biens, droits et actions du d\u00e9funt. \u00bb The statutory heirs are vested by operation of law in the deceased\u2019s property, rights and legal actions. A UK executor may have authority to collect assets, pay debts and distribute the estate, but that office does not necessarily make the executor an heir. An executor can be a beneficiary, but may also be a professional, a friend or another person with no beneficial entitlement.<\/p>\n

That is why a French notary will usually ask two separate questions. First, who is entitled to inherit under the law governing the succession? Secondly, who is authorised to represent the estate, sign documents, receive information and give instructions? The UK Grant of Probate principally answers the second question. It may be highly persuasive on the representative\u2019s authority, but the French notary still has to establish the identity and entitlement of the beneficiaries in a form usable in France.<\/p>\n

The French instrument for that purpose is the acte de notori\u00e9t\u00e9<\/em>. Article 730-1 of the Civil Code says: \u00ab La preuve de la qualit\u00e9 d’h\u00e9ritier peut r\u00e9sulter d’un acte de notori\u00e9t\u00e9 dress\u00e9 par un notaire, \u00e0 la demande d’un ou plusieurs ayants droit. \u00bb The same provision requires the deed to refer to the death certificate and to identify the supporting documents produced, including civil-status records and documents concerning testamentary gifts. The official text is available in the French Civil Code, Article 730-1<\/a>.<\/p>\n

In practice, the notary may use a British Grant of Probate, the will and a legal opinion on English or Scots succession law as part of the evidence supporting the French deed. The executor should not assume that sending only the grant will be enough. A useful initial bundle normally contains:<\/p>\n