Do the rules apply automatically?

No, the 2021 law says children can ask for compensation but it is not levied automatically.

This means that if any ‘disinherited’ children can agree amicably with the will's named heirs that they will not claim a portion, then the inheritance can be shared out according to the will.

However problems are likely to arise if named heirs and children cannot agree among themselves.

François Trémosa, an English-speaking notaire with Trémosa-Pouzenc in Toulouse, said the property could not be shared out as long as there is no agreement among the named heirs in the will and the ‘disinherited’ child or children.

He said in this case the child/ren would have to apply to a tribunal judiciaire court in France to rule on the issue.

In general that could be done without them having to come to France, he said.

So far, notaires that The Connexion has spoken to are not aware of any court decisions concerning the new law . Several say they consider it likely it will be seen as breaking EU law, but this could require the case to go to the European Court of Justice.

Alternatively, Mr Trémosa said France’s Conseil constitutionnel may be asked to rule as to whether the law is constitutionally valid, which was not done when it was passed (the Conseil was asked to look at other measures combined in the same act of parliament but not this specific part).

“In the meantime, for notaires, it’s another silly thing we have to deal with, which in our view, isn’t legally solid," he said. "We’re obliged to notify heirs of a rule that we think will be censured [by the courts].

"It creates extra complications in a situation – someone’s death – which is already difficult by nature. We think it’s very likely this rule won’t survive – but it could still take years before it is removed."