French inheritance law challenge: EU issues response

Campaigners against France’s 2021 inheritance law have been told by the European Commission to be “rest assured [as we are] working on your case”.

The comments came in a letter that represents the first update since a notice was published in February saying the Commission had exchanged letters with France concerning its “possible breach” of EU law.

Readers Ronnie Bennett and Trish Miller, from Pays de la Loire and Occitanie, have been lobbying for rapid action on behalf of around 250 residents of France - including many Connexion readers - whom the law has affected negatively.

Read more: Foreign couples flock to join campaign to end 2021 French inheritance law

The controversial law imposes forced heirship rules on foreigners who use EU law in a will to opt for their own county’s inheritance rules. 

This often happens in second marriages to protect a surviving spouse. The Connexion has been covering the issue since the law was passed and the Commission first told us it was “aware” of the problem in December 2021.

EU Ombudsman may get involved

A decision on whether or not to start infringement proceedings against France has been pending since Ms Miller first formally complained to the Commission in December 2022. 

Her complaint was grouped with others in February 2023 following our coverage. 

The new letter came after the campaigners wrote to Commission president Ursula von der Leyen and vice president Věra Jourovà, whose remit includes 'upholding the rule of law'. It was sent from the Commission's civil justice policies directorate, who passed on thanks from the president and vice president and said they had asked him to reply.

It says that “the decision on the next steps that [we] will take further to the response received from the French authorities needs to be considered and agreed by a number of Commission services, taking into account legal and policy factors”.

Developments will be published here on the EU Commission website, it adds.

The campaigners have also applied to the European Ombudsman, who advised that they can get in contact again if the Commission’s website is not “updated within a reasonable time”.

The law, reportedly brought in to stop daughters being disinherited under Sharia law, applies if the deceased or one of their children was French, EU-resident or of EU nationality, if a legal system without forced heirship was chosen. 

The notaire handling the estate must contact the children to say they can claim compensation from the estate, up to their French law share: half for a single child, two-thirds for two, three-quarters for three or more. 

This is calculated based on the worldwide estate’s value.

If you want to join the campaign, email news@connexionfrance.com and we will forward your details to Mr Bennett.

 Read more: French inheritance tax: current rules and what reforms are proposed