Hundreds of foreign residents in France are waiting to hear how the country will respond to complaints that its 2021 succession law breaches EU rules relating to foreign nationals’ wills.
The French law overrules many people’s wishes to leave their estate to whom they want, using the law of their nationality under a 2012 directive and instead forces them to leave set portions to their children as dictated by French inheritance law.
The French government says it missed an October 1 deadline to respond to a solution suggested by the European Commission due to national political upheavals.
Connexion readers have described “constant worry”, “extreme economic problems”, “emotional damage” and “living on a knife edge” as they await a decision.
The case is being brought by his British-Irish widow in an attempt to stop the children’s request.
French lawyer Simon Deceuninck, of Citizen Avocats in Bordeaux, had hoped a judge would refuse a valuation request for an art collection from the man’s children, on the grounds that the 2021 law breaches EU law. This would have given a quick confirmation of the French law’s invalidity.
However, the judge declined and the case will now go to a full trial.
Mr Deceuninck said the judge acted on grounds that even if a risk of incompatibility with EU law exists, this remains hypothetical while no court has ruled on it. He hopes the trial judge will ask the European Court of Justice (ECJ) to clarify whether the 2021 law is legal under EU law or not.
Law condemned
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He said lawyers are unanimous in condemning the 2021 law, arguing that it was adopted during the Covid-19 pandemic when parliamentary time was shortened and scrutiny of the process was reduced.
The law was criticised at the time by the Senate, which predicted negative effects on those choosing ‘Anglo-Saxon’ laws, despite the original intention of protecting daughters in the case of the choice of Sharia-based laws.
The European Commission, which has received many complaints dating back to 2022 about the French law, said in July it had proposed solutions to France “to remedy the problem”. It said it could open an infringement procedure if unsatisfied with the French response.
In an email to campaigner Ronnie Bennett, the commission stated that France “apologises” for the delay, saying it was waiting for the justice minister to sign a reply.
The 2021 French law seeks to ensure children receive a set share of their parent’s estate, even if the parent chose another country’s more flexible law – such as English or US state law – to leave everything to a spouse or other arrangements.
France’s move has been widely criticised, including by French notaires who had previously advised clients to rely on the EU regulation. They now find themselves having to apply ‘compensatory levies’ for disinherited children (if they demand this).
Readers describe distressing experiences
Christopher Larmer, with wife KittyChristopher Larmer
Retired engineer Christopher Larmer, 77, from Charente, put his house up for sale earlier this year because of the law. He wants to protect his wife, Kitty, using English law as his son from a previous relationship is financially comfortable.
“The 2021 law is a constant worry and it is affecting my health,” he said. “The thought of my wife living in poverty when I die is unbearable. The value of my house has reduced, prices in the UK have risen, and dates for decisions are constantly missed.
“We have now agreed to put everything on hold and would like to stay if an acceptable solution comes. But it is affecting my mental health – it’s a nightmare that my wife would not receive all my assets. She would not have enough to live on.”
Alan Cole, in his early 60s, faces claims against part of the value of his home from stepdaughters from his late wife’s previous marriage. The former taxi driver wants to sell and move, but says the women are demanding their ‘levy’ (two-thirds of his wife’s half of the house) though they have so far not approved a sale.
“The change is a deliberate violation of EU law. You would not think France would have ridden rough-shod over it like this as a founding member of the EU.
“Notaires are embarrassed about it, and there is emotional damage to everyone caught up in this drawn-out process. The French political scene may be in mayhem but the wheels of government must continue to turn. I feel trapped, two-and-a-half years after my wife passed away.”
He said his stepdaughters are financially comfortable, adding: “It is no longer about the money: I want Debbie’s will to be adhered to as she wanted. When we came here, the notaire said we could choose the law of our nationality. We could have been told a better way was to buy with a tontine clause [where joint owners agree that sole ownership will pass to the survivor].”
He also wonders, if change comes, whether it will be backdated to cover cases such as his. Legal experts have previously told The Connexion this is unlikely.
Hope for change
Andrew and Elaine Greener, 61 and 67, are leaving France for Spain and expect to complete the sale of their Lot-et-Garonne home this month.
Mr Greener, a retired policeman with four children, said he wanted his wife to be free to sell up and return to the UK if she wished.
“Had we been living in the UK, Elaine would have inherited all of my assets and my children would have been catered for upon her death. “They are a priority for me, but I take that responsibility and I don’t need a government to force me into it.”
He said he considers France’s forced heirship laws “clumsy and out of date”.
“We had hoped for a change but are no longer prepared to wait. Life awaits us elsewhere, and we wish those remaining in France good luck with the fight to regain the right to choose.”
Julie Davies, 69, a retired antiques dealer from Var, also put her home on the market and found buyers but the sale fell through.
She and her husband want to move back to the UK as his children from his first marriage plan to contest his will.
“We have not had other offers despite the agency saying the price is fair. We can only drop it so far. Most of our furniture will stay behind as transport costs are too high. We are also leaving my son and grandchildren, it’s heartbreaking.
“What makes adult children feel so entitled? The answer is French law.
“We should be enjoying our old age, not waking every morning anxious as to what the future will bring.
“This law needs to be overturned immediately.”
PACSed couple Anne Quinnel and Andrew Barratt, from Dordogne, in their late 60s, also chose UK law because they have children from previous relationships.
“Our situation is always on a knife’s edge,” said Ms Quinnel. “If nothing changes, we will have to move. I was diagnosed with cancer last year, and it makes it even clearer that one of you could be left to face an unenviable task.”
Robert Twist, a UK-Irish citizen and retired logistics manager, hopes to leave his estate to a children’s hospital charity working in Tanzania.
“The French Napoleonic code rules just don’t fit the 21st century,” he said. “They are not even suited to French families with multiple marriages and stepchildren.
“For now, it is not clear – should you just sell up and move everything out in time, put the money in your pocket?”.
Another retiree from the south-west, who asked not to be named, is considering selling and buying a new building plot under a tontine clause.
He said the situation is especially unfair as many foreigners’ children have never lived in France.
“The effect of this on relationships can be devastating. With the house in my sole name, we have endured four years of hell. You can see why some people move away.”
A reader in his 70s from Lot-et-Garonne said he and his wife are marketing their house. “The main reason is the risk to my wife if I die first. We love our home but the situation is moving too slowly for us.”
Inheritance campaigner Trish Miller, who is also affected, said: “The anxiety caused by France’s breach of EU law cannot be overstated. Let’s hope the European Commission and Court of Justice keep nudging – if not, Ronnie and I will dig the spurs in once more. It is time this matter is concluded.”
