A French law professor, who works as a link between notaires and universities, says it is “excellent news” that the EU has given France a deadline to address its 2021 inheritance law, which it has called “a problem”.
The European Commission said it has been in talks with France after receiving several complaints about the law.
If France does not respond, the Commission could begin an “infringement” procedure and make a formal announcement that it has breached EU law.
The law in question tries to apply France’s traditional system of ‘reserved portions’ for children, even when a foreign inheritance law is meant to apply.
Prof. Louis Perreau-Saussine from Université Paris-Dauphine says the 2021 law clearly breaches an EU regulation that was designed to give testators more choice and to clarify which law applies to estates.
“I read that the commission mentioned a possible infringement procedure,” he said. “Will France have to change article 913 of the Civil Code, which enforces the 2021 law, or remove it entirely?”
He added: “It is hard to predict what changes might be made. It seems the commission may be looking for a solution that limits the effects of the French law without causing France to lose face.”
Solutions suggested
The European Commission said it has suggested solutions “to remedy the problem” after spotting a possible breach of EU inheritance rules. France has until October 1, 2025, to respond.
Many foreigners in France have faced stress and uncertainty since the 2021 law came into effect.
The law cast doubt over plans made under a 2012 EU inheritance regulation, which allowed people to choose the laws of their own country, such as England or some US states.
This choice was often used to protect a surviving spouse from claims by children —frequently stepchildren from a previous marriage.
The 2021 law, widely criticised by French lawyers, says that if an estate is governed by a foreign law without forced heirship, the notaire handling the estate must contact all of the deceased’s children. They must be offered the chance to claim compensation from any assets in France, up to the French-law ‘reserved portions,’ which range from half to three-quarters of the estate.
The European Commission first told The Connexion it was aware of France’s law after we asked in December 2021. When we followed up in summer 2022, the Commission said the assessment was “ongoing.”
In December 2022, we reported on the first formal complaint to the European Commission, submitted by reader Trish Miller from Tarn. She said at the time: “We all felt protected by Brussels IV. Now, it’s like someone has pulled the carpet away from under you. We could all be vulnerable.”
Ms Miller, a retired book editor and her husband’s second wife, had drawn up wills using English law to protect her and leave her more than French forced heirship rules allow. She encouraged others to submit complaints as well.
She joined fellow complainant Ronnie Bennett, a retired managing director from Pays-de-la-Loire, in running a campaign he launched in summer 2024.
The two first connected after the commission accidentally copied Ms Miller’s contact details into an email to Mr Bennett.
Around 150 couples supported the campaign, called “My Will My Way”.
The campaigners submitted correspondence to EU chiefs and the European Ombudsman, and also launched a petition to the European Parliament, as the commission’s review of the complaints stretched far beyond original estimates of February 2024.
Ms Miller said: “After almost three years of dealing with various sections of the European Commission, I am starting to feel cautiously optimistic, while remaining aware that nothing is over until the fat lady sings.”
Mr Bennett said: “We should do nothing now until October 1 as there is little chance of getting an idea of the ‘solutions’ until then and we will only irritate them if we try to insist.” He added he had recently written to the commission’s head of civil justice asking for a face-to-face meeting and “would like to think that had played some part”.
Can French legal measures help?
Many readers who chose to make wills opting for the inheritance laws of their nationality did so with advice from French notaires and thus did not take up certain French-law options that can help protect a spouse, such as buying a house together with a tontine clause (sole ownership to the survivor).
However, this has to be set up before purchasing a property.
Another possible avenue, still possible at a later stage, is a change of a couple’s marriage regime to ‘universal community’, so a couple’s assets become the property of the other on the first death as long as a clause is included specifying this.
However, this has to be set up with a notaire, and the process of including real estate in a communauté regime as part of a change of regime includes stamp duty at 0.715% plus fees for the notaire's work and expenses.
It is not a solution in more contentious situations, as the notaire should tell children of the proposed change and they have three months to object (if they do, a court has to rule).
Another possible avenue that remains open is to ask children to agree to sign a document with a notaire called a pacte successorale or renunciation anticipée à l’action en reduction, in which they renounce their French-law inheritance rights in advance.
However, after the testator dies, children can go back on this if they show they are in need.
When a person is facing a claim under the 2021 law in contradiction with their deceased spouse’s wishes, court action is possible to contest this, as we have covered in previous reports.
Several cases are ongoing, which are also expected to increase pressure on the French government to act.
