New European Inheritance Rules

In August 2015, new inheritance rules come into force and owners of French property can benefit from them.

Many people who already own property in France, or who are thinking of buying, will be aware that French law currently governs the taxation and devolution of overseas property.  Furthermore, in France, protected heirs will have a fixed right to at least a minimum interest in an estate.  In practice, this means that the French legal system decides who receives property upon a person’s death and a will is likely to be ineffective if it conflicts with forced heirship. 

Fortunately, all of this is changing in 2015.  Under this piece of legislation, EU regulation 650/2012 or Brussels IV, any British national who has property in France, or other participating EU state, can choose either the law of the country of their habitual residence or their nationality to govern the devolution of their French estate.  If no choice is made, the default position is the succession of an estate is governed by the state of the individual’s habitual residence—France. 

See Emma Rawle, New European Inheritance Rules Explained, Complete France, Jan. 12, 2014.