More than 100 foreign couples have come forward to join a campaign to overturn France’s controversial 2021 inheritance law – with several saying they will have to sell up and leave the country if it is not changed soon.
Reader Ronnie Bennett launched the campaign via The Connexion to push the European Commission to take action over the many complaints raised about the law, some of which date from 2022.
Read more: French inheritance and foreign law wills: calls for change grow
The law came into force on November 1, 2021, reportedly to stop daughters being disinherited under Sharia law. It is widely believed to break EU rules.
It seeks to impose France’s strict forced-inheritance heirship rules, even where the deceased had used an EU regulation, in place since 2015, to choose in a will the inheritance law of their country of nationality.
People often choose a foreign law to give more protection to a surviving spouse than is given under basic French rules, especially if there are children from previous relationships.
However, in such cases, on the death of the foreigner, the notaire handling the estate must now contact the deceased’s children to tell them they can claim compensation from the estate to the level they would have been entitled under French law.
A reader from Lot-et-Garonne, who asked not to be named, said: “The French have driven cart and horses through delicately and expensively arranged inheritance and property arrangements.
“We are trying to sell our house, which is a needless expense and financially very damaging as we are unlikely to be able to afford another, because my wife, in the event of my death, would have to share any sales proceeds with my sons from my first marriage.
“She would be unable to afford to rent and I don’t think they would be generous to her.”
He added: “We moved here on the basis we could make a will that would follow UK law.”
Many national legal systems, especially those of ‘Anglo-Saxon’ countries such as the UK and US, but also EU countries such as the Netherlands, are flexible with regard to how property is left.
Process started by Connexion reader
Comparable to Brexit, many readers say they based major life decisions on an EU protection that was later removed.
The Commission first told The Connexion in December 2021 that it was aware of the law, and said in summer 2022 that an “assessment is ongoing”.
A first official complaint was lodged in December 2022 by a reader from the Tarn.
Mr Bennett, 85, is now organising the next steps in view of the Commission’s continuing silence. He said: “I’m touched and invigorated by the responses that came in from The Connexion article. I’ll update everyone who wrote in.
“I am pushing ahead now and writing to officials, including the president of the European Commission and justice commissioner. I’m telling them if there is no satisfactory response, we will come to the EU offices to protest verbally.”
The Commission has a role as watchdog of EU rules and can declare a country in breach and order it to make amends. It can take action in the European court and fines can be levied – a lump sum and/or ongoing fines until the law is changed – although usually matters are settled before this step.
The Commission grouped all the complaints it had so far received in February 2023, and it was hoped it would make a decision in 12 months, the stated target timeframe on its website.
Last December, it contacted the French authorities and received a reply in February, which it has been “assessing” for seven months without update.
Pacsed couple Anne Quinnel and Andrew Barratt, from the Dordogne, who are in their late 60s, said they chose UK law as they have children from previous relationships, “leaving us with little security” under French law.
Ms Quinnel said: “If the situation does not go in our favour, we will have to move. We hope a decision will be made soon to secure those in the same situation as us.”
They had made wills in the UK before moving to France, but then arranged codicils specifying UK law, via a notaire who had recommended this.
“I wish at the time of buying we had opted for a tontine [see below] but the notaire advised that this was complicated,” Ms Quinnel said.
Retired counsellor Lynn Webster, 74, from Dordogne, said: “We are seeking advice to clarify our situation if the complaints to the Commission do not succeed. Our last resort would be to return to the UK.
“I know other Britons who would not move here because of these rules and one person in our village pulled out of a purchase due to this law.”
Another reader, aged 70, said: “My five children would be consulted under this ludicrous, inequitable law.
“One is uncontactable and at least one or two others, I am fairly sure, will not cooperate.
“So my wife stands to lose 75% of my estate’s value, leaving her in an intolerable situation.
“One option would be to sell now and buy another house inserting a tontine, but this would incur up to €40,000 in taxes and notaires’ fees. It is a direct assault on my wife’s human rights – even more so as none of my children have lived in France.”
Lynn Birtles, 77, who runs a B&B in Normandy, said: “Some of our friends have returned to the UK because of this rule.
“We want to know where we stand. I do not understand the Commission’s delay.”
A reader from Dordogne, who requested not to be named, is among those in the grouped complaint and stressed the importance of his choice of Dutch law.
“Most Dutch people think they are OK if they make a will according to Dutch law. In essence, children cannot claim their part of money or a house from a remaining parent or step-parent, but this is not correct if the 2021 French law prevails.”
'European elections cause delay'
Notaire François Trémosa, who was among experts who helped the European Commission in the preparation of the inheritance regulation, said: “I am not sure what France’s response was to the Commission as it is confidential but it doubtless gave a poor response, as the law does not hold water.
“So, now the Commission will have to decide whether or not to take infringement proceedings. I would not be surprised if it did, but there have been European elections and a new Commission is being assembled [Editor’s note: the 27 EU commissioners are appointed for a five-year term].
“A decision is probably suspended until all is functioning normally again. I hope this will be by the end of the year.”
Mr Trémosa, from Ramonville-Saint-Agne, near Toulouse, said the notaires’ professional body had opposed the 2021 law.
“During preliminary hearings before the MPs’ debate, the notaires were consulted and indicated that the proposal posed problems, but we were not listened to,” he said.
“We have clients who are in difficulty due to these rules.
“I hope all is correctly resolved, but it could be two, five, 10 years before then, either because the Commission takes action, or because someone affected in inheritance proceedings [eg. the person intended to inherit under a foreign-law will] contests their validity.”
French law options do not always help, leaving notaires feeling “blocked and hoping this law will disappear”, he added.
Any change is not expected to be retrospective with regard to estates that have already been settled and shared out.
