France responds to EU’s proposed solutions to inheritance law ‘problem’
However wait continues for couples affected as officials consider further follow-up
European Commission is now considering French response to proposed 'solutions'
Christophe Licoppe/Shutterstock.
The French authorities have now responded to the European Commission over its (undisclosed) proposals of changes to address the “problem” caused by France’s 2021 law on forced heirship.
The news that France has responded came from the European Commission to The Connexion, however, there is as yet no further detail on the contents of the response, or how long the Commission will take to consider it before announcing further steps.
A spokesperson said: “We can confirm we have received a response from the French authorities.
“The Commission will inform the complainants of any developments in the case and of any steps it decided to take .”
This comes after inheritance law campaigners recently received an email from the commission telling them that "The French authorities and the European Commission are continuing their dialogue towards a positive resolution of the case".
This relates to complaints submitted to the Commission since late 2022, about the French 2021 inheritance law, which seeks to enforce French-law ‘heir’s portions’ of an estate, even where a foreign inheritance law, such as that of England or a US state, is set to apply to the estate.
This may happen, especially, where the deceased took advantage of EU-law rules to designate the law of their nationality to cover their worldwide estate.
It can also happen in some cases due to an EU-law rule that, if no choice is made in a will, the law of a person’s last country of residency applies to their whole estate.
The French 2021 law has been widely criticised by French notaires and avocats and many foreign people in France have told of the stress it is causing after they had made plans to use the law of their nationality to protect the surviving spouse.
A significant number have told us they are thinking of selling up and leaving France due to the law, or have already done so.
The French authorities missed an initial October 1 deadline to respond to the Commission, reportedly saying that France’s complicated political situation was the reason for this.