French inheritance and foreign law wills: calls for change grow

A British retiree in north-west France is calling on like-minded people to join him in pressing the European Commission in Brussels for action over a controversial 2021 French inheritance law. 

The law seeks to impose French rules about children’s ‘reserved portions’ of a parent’s estate even when the parent has opted, under EU law, in a will for the inheritance law of their nationality to apply to their whole estate. 

French-law rules give, for example, one half of a person’s estate to a single child, two-thirds to two, or three-quarters to three or more. 

Such arrangements may not suit people of nationalities with more flexible legal systems, especially where their family situation is complex, with children from different marriages. 

As a result, EU rules in force since 2015 have allowed people to specify the choice of the law of their nationality. However, France’s 2021 inheritance law has called this system into question and created uncertainty.

Five months have passed since the last official update from the Commission over its deliberations on whether the law represents an infringement of EU law by France. All of the French lawyers – notaires and avocats – and UK-based French law specialists that The Connexion has spoken to consider that it does. 

Previous article: EU ruling on French inheritance law drags due to volume of complaints

The Commission’s website states that it aims to make a decision in one year from receiving a complaint. 

A first complaint about the law was lodged by a Connexion reader from the Tarn in December 2022.

The Commission then received further complaints and published them as a ‘multiple’ complaint on February 15, 2023, with the one year ticking from that point. 

Its site says in “especially complicated” cases, or where it needs to ask for further information, it can take longer than a year, but says complainants should be notified of this. 

On February 29, it issued a statement saying it had written to France on December 11, 2023 – and received a reply on February 12, which it was “assessing” before deciding on the next steps. 

Read more: Is tax payable if gifting French house to children?

‘French government disregarded European ruling’

The 2021 law was reportedly brought in with the aim of protecting daughters under Sharia law, but those most affected are from ‘Anglo-Saxon’ nations, whose laws typically give plenty of freedom as to how property is bequeathed. 

It has resulted in uncertainty for people who wrote wills using these rights to choose a legal system, such as that of England and Wales or of many US states. 

Reader Ronnie Bennett, 85, a retired managing director from Pays de la Loire, said France’s apparent breach “makes a mockery of a united Europe”. 

He is “infuriated” by the law and by the Commission’s drawn-out assessment of the letter it received from the French authorities. 

He said he is affected as he has two daughters from his first marriage and wishes to protect his current – second – wife, when he dies, rather than his daughters receiving an automatic share of two-thirds of his estate. 

“It could have caused a serious problem, but fortunately I’ve been able to sort it out with them [Mr Bennett did not specify, but, for example, children can agree to formally waive their rights via a procedure with a notaire]. 

“I find it obnoxious that the French should be able to just disregard a European decision because they don’t like it.” 

He added: “I had made a will using the EU rules, then got told I won’t be able to use that now. It’s not only Brits affected, but any foreign resident in France.” 

He complained to the Commission at the end of 2022 and so is part of the grouped ‘multiple’ complaint. 

“Why can’t the Commission just say once and for all that the French law is against EU law? 

“I am now willing to form a group of concerned people to go to them and present our position to them.” 

The original complainant, from Tarn – a Connexion reader – also expressed frustration with the “lengthy rumination”, telling us that she has emailed the Commission to say she feels “betrayed” by the passing of the 2021 law. 

She noted that it has been suggested that the high volume of complaints might be the reason for the delay but said this only goes to show the importance of the issue, and the urgency of a decision being made. 

Several notaires have told The Connexion about their frustration with the law, which requires them to contact any children who have ‘lost out’ under French rules and tell them they have the right to ask for a compensatory payment out of parts of the estate located in France.

Readers who would like to support Mr Bennett in contacting the European Commission can email news@connexionfrance.com and we will forward messages on to him.