Inheritance law challenge in France: What could be the next steps?

Foreigners in France are still waiting for a European Commission response over the many complaints submitted over the 2021 inheritance law. We consider the next steps.

The law seeks to impose French forced heirship rules in favour of bloodline children in cases where a testator used EU rules to choose the inheritance law of their nationality.

Many readers report stress due to the law, which is causing some to consider leaving France so they can freely leave their estate under more flexible laws of jurisdictions such as England or many US states.

Read more: Foreign residents of France frustrated by slow progress of inheritance petition

In such cases as this, the commission has discretion to decide whether or not to launch ‘infringement proceedings’ against France, putting pressure on it to change its law, and/or to refer a case to the European Court of Justice (ECJ) which may impose fines. 

Typically, problems are resolved before they reach the EU court and sometimes via initial informal dialogue, but the commission has now been assessing the 2021 law for more than three years.

If the commission does find an infringement, it would be down to France to decide how to remedy this. 

The government could, for example, put forward a bill to reverse the law, to be voted on by parliament. 

If this happened, the effect of the law would be cancelled moving forward, but it likely would not be retrospective for estates already settled.

A person negatively affected by the 2021 law – eg. because their deceased partner’s child has claimed inheritance which had been bequeathed to the survivor – also has the right to take a case to a French court, which is obliged to place EU law above national law.

  However, we are not aware of any cases so far. The court could ask the ECJ to confirm the legal position, if necessary.

One campaigner against the law, Trish Miller from Tarn, said: “The thought of losing one’s spouse is painful enough, without adding the scenario of stressful and expensive legal action being necessary in order to avoid financial hardship. We must hope that the commission will soon reach a legally correct decision, and that France will swiftly reinstate ‘Brussels IV’ [the EU regulation].”

Read more: Will my daughter have to pay tax on inherited property in France?

A court decision in a person’s favour – overruling the 2021 law in their case or offering compensation – would not, in itself, annul the 2021 law, but may be persuasive in future cases, especially if the case goes up to a higher court level, such as the Cour de cassation (appeal court).

Read more: French inheritance law - couples anxiously await EU's decision

A petition to the EU parliament is still open for signatures on the issue of the French inheritance law (anyone who considers the French law to to contrary to the EU regulation rights may sign it; they do not have to be directly concerned). Such petitions may be selected for discussion by MEPs.

The parliament’s chair of petitions has told campaigners against the French law that he has asked the commission to investigate and has also referred the matter to the parliament’s committee on legal affairs.