"Donation Entre Epoux" - testamentary document?

A colleague is preparing an application for Grant of Probate of a Will prepared in E&W. Deceased was a UK national and domiciled in the UK.

The deceased and husband (pre-deceased) had a french property which has since been disposed of. There is a “Donation Entre Epoux” document prepared in France in the late 1990s. We don’t have a proper translation of it merely a run through google translate. It refers to what happens on death of one of the parties. Should a copy and translation of this be disclosed to the Probate Registry when applying for the Grant?

Samir Hussain
Gregsons

1 Like

There’s always a difficulty when a legal document is prepared and drawn up in another country. A run-through in Google translate is not really enough. One’s clients may be keen to save money but that won’t really achieve the desired result. In the context of the costs of a probate of an estate, the costs of a proper translation are a drop in the ocean. If you had a proper translation you would be able to produce it to the Probate Registry, as well as understanding fully what the document says.

Julian Cohen

Simons Rodkin

A colleague is preparing an application for Grant of Probate of a Will prepared in E&W. Deceased was a UK national and domiciled in the UK.

The deceased and husband (pre-deceased) had a french property which has since been disposed of. There is a “Donation Entre Epoux” document prepared in France in the late 1990s. We don’t have a proper translation of it merely a run through google translate. It refers to what happens on death of one of the parties. Should a copy and translation of this be disclosed to the Probate Registry when applying for the Grant?

Samir Hussain
Gregsons

1 Like

Yes, you obviously need to ascertain whether or not this document is relevant to pass title to any assets of the deceased or not. It can be a testamentary document, but if it relates only to an immovable no longer held, then it won’t be. You may need French advice.

Thank you for the responses. It appears that additional steps will need to be taken before they can proceed with the application.