Moving to France? Estate Planning, Inheritance Tax & Real Estate Tips for Americans

Thinking about moving to France or buying French real estate? In this episode of Gimme Some Truth, we talk with Philippe Henky from Squair Law, a French tax attorney with over 10 years of experience advising U.S. nationals on French tax law, estate planning, and cross-border real estate transactions.
Philippe walks through the biggest financial and legal pitfalls Americans face when relocating to France — from inheritance taxes that can reach 45–60% to forced heirship rules that may override your U.S. estate plan. We cover practical strategies like usufruct (division of ownership), how to structure property purchases (share deal vs. asset deal), and why the difference between a holiday home and a primary residence matters more than you think.
We also unpack a common source of confusion: the U.S.–France income tax treaty vs. the estate tax treaty, and why mixing them up can be costly. Plus, Philippe explains how French law treats U.S. trusts (spoiler: not the way you'd expect) and why you should always get your own notary and attorney when buying property in France.
Whether you're planning a permanent move, purchasing a vacation home, or just exploring your options, this episode gives you the framework to make smarter decisions — ideally before you sign anything.
Key topics covered:
• French inheritance tax rates (45–60%) and how to reduce your exposure
• Usufruct and division of ownership strategies
• Do Americans need a French will? Understanding forced heirship rules
• Electing U.S. law in a French will
• U.S.– France income tax treaty vs. estate tax treaty
• How trusts are taxed under French law
• Buying property in France: holiday home vs. primary residence structuring
• Share deal vs. asset deal when acquiring French real estate
• Why you must plan before you buy
• Choosing your own notary and legal counsel
📩 Contact Philippe Henky at Squair Law: squairlaw.com/en
Timestamps:
0:00 – Introduction & Philippe's background
2:27 – French inheritance tax overview (rates up to 45–60%)
3:15 – Usufruct/division of ownership strategy
4:23 – Income tax vs. inheritance tax in France
5:26 – Do you need a French will? Forced heirship rules
7:33 – Electing U.S. law in your French will
16:12 – U.S.–France income tax treaty vs. estate tax treaty
17:40 – How trusts are taxed in France
19:21 – Real estate: planning before you buy
20:09 – Holiday home vs. primary residence structuring
21:47 – Share deals vs. asset deals for French property
23:04 – Always get your own notary and counsel
23:57 – Closing thoughts & key takeaways
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