11/25/2025 11:51:51 AM | less than a minute read

Conflict of law between French law and the European Succession Regulation (Brussels IV)

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Jacques Cutting

Apprentice Solicitor

Get in touch

Jacques Cutting

Apprentice Solicitor

Since November 2021, when a British national leaves all their French assets to their partner, children may, in some circumstances, be able to make a claim against the estate.

Thanks to the European Succession Regulation, British nationals can opt for UK testamentary freedom to apply in France. However, in certain circumstances, Article 913 of the French Civil Code allows children to claim the reserved shares of their parents' estate to which they are entitled.

Until these cases are heard by the European Court of Justice, it is unclear which law should apply. Nevertheless, there are estate planning measures that can be implemented to anticipate any potential issues in the future.

If you would like any advice on succession planning across French assets, we have a dedicated Cross-Border team with French expertise who are on hand to help. Please get in touch today.

The first cases to challenge the effects of France’s controversial 2021 inheritance law are now being heard by French courts. It comes as the lawyer in one of the cases – and campaigners against the law – are calling on more people affected to come forward to bring similar cases, in a bid to persuade the French government of the need to reverse the law. The 2021 law demands that notaires settling inheritance matters in France contact the children of the deceased to offer them a ‘compensatory levy’ out of any French-situated estate, in cases where a foreign inheritance law is set to govern the share-out of the estate and where French forced heirship rules have not been followed.

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