Why French inheritance law is causing stress: our stories

Stories of stress and upheaval caused by the 2021 French inheritance law have been shared by several readers.

They include two more couples who have said they are selling up to leave France – as several others have reported to us previously – due to the change. 

The 2021 law seeks to enforce French-law ‘reserved portions’ for children, despite EU-regulation rights to choose the law of a person’s nationality. 

Campaigners, led by readers Ronnie Bennett and Trish Miller, have now lodged a petition with the European Parliament, which can be found here by entering 1122/2024 into the search field. 

The law is also under scrutiny by the European Commission after complaints lodged by them and other foreign residents of France in 2022- 24. 

A decision on infringement proceedings against France is hoped for this year. 

Under the 2021 law, if a foreign inheritance law has been chosen, the notaire dealing with the estate must contact the deceased’s children to ask if they wish to claim a ‘compensatory levy’ from the value of any French-situated estate. 

Money, inheritance, tax, pensions: What's new in France in 2025

This can be up to the level of their rights under French law: half for one child, two-thirds to two, or three-quarters to three or more. 

Certain French laws may help in this situation – for example, with regard to a surviving spouse staying on in the marital home. 

However, children who opt for a ‘levy’ could demand a share of the proceeds if the per- son wants to downsize or move.

The French government’s defence of the law, which was passed amid claims it would stop people using foreign legal systems to discriminate against daughters, can be found here. 

'We are moving to Spain'

Andrew and Elaine Greener are moving to Spain from Lot-et-Garonne due to the law.

Mr Greener, 66, a retired policeman, said: “It’s had a massive impact on us because I have four children while Elaine has none, so if I died, she would be left beholden to my children. 

“She would probably return to the UK, where she has more friends, but it would mean selling. I have a good relationship with my kids, but if they demanded 75% of the house it would be an awkward situation.

“When we bought it before Brexit I was advised it was best to do so in my name for tax reasons. I didn’t know the law would change and we would not have the option to leave it under UK law. 

“This law was supposed to protect women but it is a woman who is suffering as she will be in an awful situation of being obliged to stay on. My children, one of whom is female, will all get a fair share when we have both gone, and we have no plans to sexually discriminate. We have UK wills to that effect. I just want to provide for my wife.

“It is unfair that I can’t, especially when those rights still exist in the rest of the EU.”

'I want to leave money to African hospital'

Robert Twist, 76, a UK/Irish citizen in Morbihan retired from the merchant navy and logistics management, is divorced, with a daughter, but wants to leave his estate to an African charity. 

He made a will based on Irish law, which he said gives freedom, but feels it has been made “essentially null”. 

“My daughter lives in Norway and her mother will leave her estate to her. She does not need mine and I want it to go to a children’s cancer hospital in Africa, run by European oncologists. They have to raise over a million euros a year just for drugs. 

“When they started, there was a 16% survival rate for children with cancer in Tanzania, and now it’s 60%. I’ve lived in Africa and seen how some charities can waste money – but this is practical. I’ve met the doctors, walked around the wards. They rely on donations of some of the drugs and they allow family to be with the patients, which reduces nursing costs, but everything is under stress. There’s no national health system there.”

'It's a blatant injustice'

Retired teacher John Gloster- Smith, 76, moved to Lot-et-Garonne with his wife in 2016.

“It was a holiday home and I was retiring. A factor in our decision to move here was the EU regulation, which meant if I died I could leave my property to my wife – from my second marriage – and my two sons would only inherit after she died. 

“She would have the choice to sell and move back to the UK. 

“We took EU law as bona fide, but the French law changed the goalposts and it has meant a big loss of freedom of choice.” 

They have taken advice from a notaire, especially with regard to their jointly-owned home.

“She said you’re not protect- ed as you didn’t buy en tontine [where ownership of a home goes to the survivor in full]. 

“In fact, when we bought it as a holiday home, British lawyers specialising in France advised us against buying that way. If I die first, she would lose out and only be entitled to one third [of my share] and it’s not a valuable house, so she wouldn’t be able to buy in the UK. 

“We have put our house on the market, but for a quick sale we would have to reduce the price, making it hard for us to buy in the UK and adversely affecting our finances. If this hadn’t happened, we wouldn’t want to sell.

“It’s a blatant injustice.” 

Austin Baker, 71, from Manche, has faced stress since the unexpected death of his wife, Mary, last August. 

“We used to live in the UK but in 2018 I was told my life expectancy was limited, so Mary said we should have one last adventure – and move abroad. We started looking at properties. 

“Mary loved France, so we came back and made wills in England in 2019, using an English-law solicitor with French nationality to ensure we accounted for basic French laws. 

"We wished that whoever should die the other would inherit everything. We own no property in the UK.” 

They had two boys, the eldest of whom has mental disabilities and whose living arrangements the couple had provided for. 

Do we need children’s permission to sell our French home?

Mr Baker said it is best for him not to receive money, as it could put in question his funding plan. 

As for the other, he is not good with money, he said. 

“We didn’t want him to receive anything now until after we go.” 

They had owned everything jointly and their wills made a choice of English law. 

“It was only after Mary died that people told me about this French law. She was the one who was supposed to live, everything was planned around that, so it was a shock. We had been together 56 years.” 

Mr Baker, formerly director of a company hiring out construction equipment, said the notaire settling the estate has asked for contact details of both sons. 

“I’m waiting, and he’s not told me which way it is going. I’ve been told there’s a possibility two-thirds will not come my way. It’s up in the air.” 

He is concerned about his home and pension fund money he and his wife had withdrawn. 

“I don’t want my son to be penniless, but I know, with him, the money would just be gone.

“I’m taking tranquillisers because of the stress. The fear of not knowing hangs over me.”