It might be challenging to handle the estate of a loved one who had assets or property in France, and obtaining an apostille is one of the most common obstacles for documents from the UK. For the French notaire to accept any official UK document required for French probate, it usually needs to be legalised with an apostille. Read on to find out more.
If you need assistance legalising UK documents for French probate then our Apostille Services page explains how we can help you.
What is the requirement for an apostille?
A certificate that confirms the legitimacy of the signature, seal, or stamp of the person or authority that issued it—such as the UK government or a UK Notary Public—is called an apostille and is affixed to public documents. Because both the UK and France are parties to the Hague Convention, you must follow the official process to get your document legalised (see Get your document legalised (apostille) – GOV.UK).
Why is it necessary?
Both France and the United Kingdom have ratified the 1961 Hague Convention, also known as the Apostille Convention. The two nations can use official papers more easily thanks to this agreement. An apostille serves as a single, globally acknowledged proof of authenticity, eliminating the need for a drawn-out, expensive “chain of legalisation” involving several embassies. Your UK-issued documents won’t be accepted by the French notaire who manages the inheritance process unless you have an apostille.
Important Documents That Usually Require an Apostille
The following UK documents typically need to be apostilled before being presented to the French notaire when working with a French estate from the UK:
- If the deceased passed away in the UK, a UK death certificate is required.
- Grant of Probate (or Letters of Administration): In the absence of a French Will, the UK Grant of Probate must be made lawful to demonstrate the legal capacity of the UK executors and administrators.
- UK Will: The signature on a UK-drafted will that includes French assets must frequently be legalised.
- Affidavits: A UK Notary Public must certify and then apostil any legal affidavit.
Additional supporting documentation may also need to be legalised, depending on the intricacy, such as birth or marriage certificates from the UK (to establish kinship for forced heirship).
How to Get Something Apostilled in the UK
Prior certification – many probate documents, including affidavits, copies of wills, and powers of attorney, must be certified by an authorised person before applying for an apostille. This is usually done by a UK Notary Public or solicitor.
Apostille Stamp – after certification, the Foreign, Commonwealth & Development Office (FCDO), the only UK agency that can issue Apostilles, receives the document. The FCDO then verifies the Notary Public’s or Registrar’s signature. Physically or electronically attaching the Apostille certificate verifies the document’s authenticity for use in France.
For detailed guidance on how signatures, stamps or seals on UK documents must be verified before being apostilled, refer to Legalising a signature or seal, GOV.UK PDF.
If you need help with French Probate, contact French Probate Matters on 020 8150 2010 or info@frenchprobatematters.com.
To understand how France’s rules, see our Laws of Succession in France for full details.
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