Who’s Going to Inherit? Forced Heirship is on the Way Out!

France’s strict inheritance laws have been no fun for foreign owners (or for the French, for that matter) since one cannot disinherit his children and the proportions are set (in stone), plus they must be blood relatives or adopted, but not step-children. All that’s about to change, as of 2015 now that the EU has given final approval to a regulation (EU number 650/2012) which will allow Expats living elsewhere the ability to choose the law of their own country over the French inheritance rules.

The current forced succession laws stipulate that an only child receives at least half of the estate, two children share at least two thirds between them and three children or more share at least three quarters. No surviving heirs means that the surviving spouse receives a one quarter minimum. These inheritance laws have led many to choose purchasing a property in the name of an SCI (Société Civile Immobilière) that allow for a broader control over to whom the property is bequeathed.

As of the Summer of 2015 (August 17), for these rules to be overturned, it must be clearly stated in the will that you wish for the law of the country of your nationality to apply. To create the will, it can be written under French law — hand-written and not witnessed (in French), although we recommend that you employ a Notaire to ensure accuracy and file it properly.

These changes will not affect inheritance tax, but only the ability to leave an estate to whomever and in whatever proportion you wish. One can only choose between the law of his habitual residence or his nationality (article 22.1). For someone who has several nationalities, he can choose whichever nationality by putting a declaration in his will (article 22.2).

National law will continue to determine how inheritance tax is calculated and whether the estate or the beneficiary is liable for the inheritance tax. It also does not deal with matrimonial property regimes (marriage contracts) to the extent that they do not deal with succession matters.

If you make a will after August 17, 2015, the rules will apply after your death. If you make a will before August 17, 2015 and die after August 17, 2015, the rules will apply. If you die before August 17, 2015, regardless of when the will was made, the rules will not apply to you.

This is good news for all of you who already own property in France! And also for those who are about to make a purchase! Be sure to contact your Notaire soon to prepare a will if you haven’t already.

To learn more about the way the laws work NOW, you can download this pdf.

A bientôt,

Adrian Leeds

Editor, French Property Insider & Director of The Adrian Leeds Group, LLC

(three generations)

Email:  [email protected]

P.S. If you’re considering investing in Paris or the Riviera like I have, the Adrian Leeds Group can help you find your perfect apartment or home…for rent or purchase! My team of rental professionals can assist you in finding an apartment or home in Paris, Nice or elsewhere in France, based on your specific preferences, budgets and needs. For details or to book our services, visit French Property Consultation or email [email protected].

P.P.S Don’t miss tonight’s new episode of House Hunters International HHINT-5209H “La Vie En Paris, France”:

“Abby Gordon memorized maps of Paris before ever setting foot in France. So when a job transfer to the city of her dreams came up, she took the chance. Now, after five years of renting, Abby is ready to take her relationship with the City of Light to the next level. See what happens when House Hunters International settles down in Paris, France.”

Air dates/times:
    May 16, 2013 – 10:30 PM e/p
    May 17, 2013 – 1:30 AM e/p