The French government may be planning to ease the situation for some foreigners affected by France’s controversial 2021 inheritance law, sources close to The Connexion have said.
One suggestion is that it may allow English law ‘family provisions’ to be regarded for practical purposes as a kind of reserved portion.
If this is correct it would mean France could treat English 'family provision' rules as if they were equivalent to the French réserve héréditaire and thus not apply the 2021 law to people who chose English law.
'Family provisions' in English law means a court can adjust an inheritance share-out after a person's death to ensure certain close relatives or dependants receive reasonable financial support - but only if they make a claim.
This involves situations where the person has not been provided for in the will and is left in financial difficulty as a result.
Note that there have not been any official announcements to date. Also, any change is unlikely to apply retrospectively to wills that have already been settled.
More than three years have passed since the European Commission first acknowledged receiving multiple complaints about the 2021 law, which many lawyers say clashes with EU rules on choice of inheritance law.
EU rules state that people may opt in their wills for the inheritance law of their nationality to apply to their whole estate, potentially bypassing strict French-law set portions for children.
Andrew and Elaine Greener formerly from Lot-et-Garonne have sold up due to stress over the lawA and E Greener
The 2021 law says where this is done, the notaire settling the will must contact any children set to ‘lose out’ and offer them a compensatory levy out of any French-situated estate.
The French law applies where a testator, or one of his or her children, was/is an EU citizen or resident of the EU, and where a foreign legal system that lacks obligatory heirs’ portions is set to govern the share-out.
It was originally brought in with the stated aim of stopping daughters being disinherited under Sharia law.
This has affected many foreign couples in France who have wills aiming to protect each other, especially where there are children from previous marriages.
Some, such as Andrew and Elaine Greener (pictured), formerly from Lot-et-Garonne, told us how they were selling up and leaving France as a result.
Commission 'reluctant to criticise' France
Last summer the commission wrote to France proposing “a certain number of solutions to remedy the problem”, and France is known to have replied, but there has been silence since.
Sources suggest the commission may be reluctant to be seen to openly criticise France by launching infringement proceedings.
However, France could be looking to make a concilatory gesture by easing the rules around certain foreign legal systems such as English law.
