Britons in France

Britons living in France can benefit because France has adopted the regulation and so, if they so choose, it can apply to their French and worldwide estate. If they make a choice of UK law in their will then UK law will apply.

French courts would in this case take charge in the event of any disputes, applying English or Scottish rules. This also applies to people of other nationalities, including non-EU, living in France.

The French Justice Ministry confirmed this position in 2015 with a (probably) minor proviso.

A spokesman said the regulation allows for the application of UK law to be overturned by a legal challenge in French courts if choosing it will “manifestly disrupt public policy” (public policy refers to the underlying principles and values – social, moral, economic etc – that underpin the legal system of a state). 

He added: “It will be down to case law to decide if, in the case of English law being applied, this could be set aside on the basis that it ignores French customs with regard to the heirs’ reserved portions."

Up until now the Cour de cassation, France’s top appeal court, has never ruled that the lack of heirs’ reserved portions in a foreign legal system was contrary to French public policy in international matters, he said.

Having said this, in 2018 a court stated that the EU regulation might be ruled invalid if a person's children were left destitute due to it.

In the particular case (where children were not left destitute) the court ruled that a Frenchman living in the US could disinherit his children as this is allowed in US law and he had not chosen French law, allowing the law of last place of residence to apply.

Notaire Edmond Jacoby confirmed that in his view the only area that might give rise to a challenge was where a person has major family responsibilities (eg. towards a needy child) and the choice of the foreign law leaves them unprovided for.

If this could apply in your case, you may wish to seek legal advice on this point. This could apply either with regard to Britons in France opting for UK law in a will, or Britons in the UK who want their law of place of last residence to apply to property located in France.