Three cases of people who are affected

1. Son and godchildren

Notaire François Trémosa said the new law had arisen in a case he was dealing with concerning the will of a French- resident woman with a British son in the US.

In her will she left her property – all situated in France – to her godchildren in the UK and US and not the son. Under French inheritance law rules the son is entitled to half.

Mr Trémosa said the obligation to contact the deceased person's theoretical heirs is in itself not too onerous as it concerns biological children (and grandchildren), not distant relatives, and a notaire would usually be in touch with them as part of dealing with a person’s estate in any case.

However in this case the son had contacted him after his mother’s death, having understood that he was not in the will.

“It’s still under way and it’s liable to have to go to court,” Mr Trémosa said.

He added this would typically be the case where the various parties cannot agree amicably.

2. Wife and stepchildren

One reader from the south-west reported being left feeling confused after reading about the law following her husband’s death. 

He had made a will under English law leaving everything to her but she now understood her stepsons have a right to two-thirds of his estate if they choose to ask for it.

She was planning to leave her estate to them after her death and has told them so, although she is worried about the prospect of 60% French inheritance tax for non-blood relatives.

It is worth noting that prior to the 2022 elections President Macron spoke of plans to give stepchildren a €100,000 tax allowance, much improving their rights.

The reader said: “I do not want to lose contact with either of my stepsons and will just have to swallow any hardship – and there will be hardship as we were not well-off – but it does seem ridiculous that the state can determine to whom you can leave money to.

"I know my husband was very concerned with how I would fare if he died first and we were both pleased to have found what we thought was a solution."

She added: “We had been together 32 years and built everything up together, and it was our wish for each other to be able to just leave everything to the other.”

She said their home in France was the main asset. They had been considering downsizing the property anyway but she had hoped to sell up and afford a smaller home with a piece of land for animals. She has no plans to move back to the UK.

3. Estranged son

Another reader told The Connexion she is concerned about the new law as it potentially goes against her wishes for her will, which she drafted choosing English law.

She said she has two sons, one of whom she is estranged from and who has already benefited financially from her, and the other whom she remains close to.

She wanted the latter to inherit her whole estate but the new rule could mean his brother would have a right to a one-third share. She said that the sons both live in the UK but all of her assets are in France.