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French inheritance law complaints: EU misses decision deadline
Complaints against France’s forced heirship rule on foreign wills remain unanswered one year on
The European Commission has not announced its ruling on France’s controversial 2021 inheritance law despite a deadline of February 15 to do so.
The law seeks to impose French ‘forced heirship’ rules on foreign residents who die in France even if they have opted for the inheritance law of their nationality under EU rights.
‘Life-changing’ importance to residents in France
An EU announcement was due by February 15 on whether it is opening infringement procedures against France, is closing the file because it found no breach of EU law, needs more time because the matter is especially complicated, or it believes there are alternative solutions which will help.
It acknowledged receiving multiple complaints about the law on this date in 2023, setting a deadline of a year to decide.
No explanation has been given as to why there is a delay in communicating a decision, which is expected to be published here.
Read more: What happens next if French inheritance law found to break EU rule?
The one-year period was confirmed as running from February 15, 2023 by the European Ombudsman in a letter to a British reader from Tarn, who was the first to complain about the 2021 law.
The rules say it applies as long as the complainant has submitted all required information.
Our reader, who asked to remain anonymous, said she had not been contacted for any additional details.
She said the matter is of “potentially life-changing” importance to many residents of France.
“It is causing great anxiety and I find it disgraceful that our collective complaint has been put on a back burner,” she added.
Children have the right to claim from French estate
The 2021 law especially affects people from English-speaking countries, such as the UK and many US states, which have more flexible inheritance law rules than France.
If a foreign system is chosen which, unlike France, has no obligatory portions for children, then the 2021 law states that the notaire handling the deceased’s estate should inform any children of a right to obtain compensation from any French assets in the estate.
Read more:How does France’s 2021 law affect wills choosing foreign legal rules?
Simon Deceuninck of Citizen Avocats, Bordeaux, told The Connexion that lawyers are unanimous in condemning the law.
He believes it was adopted during the pandemic when parliamentary time was shortened and public scrutiny of the process was less than usual.
It was reportedly aimed at concerns over discrimination against women in the case of a choice of Sharia law.
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