Can my inherited property be subject to English law if I obtain dual citizenship?

Individuals with dual or multiple citizenships have the right to choose which country's law will apply to their international estate. The reader asks: could there be problems if I obtain French (dual) citizenship and am a resident in France when I die? Will my estate be governed by British inheritance rules? Or will the French insist on applying French law?

The legislation that allows a British citizen living in France to choose the law of their nationality to apply to their entire estate upon death is the EU inheritance regulation, often referred to as Brussels IV.

However, in the member states that have adopted this regulation, it also allows individuals to declare in their will that they wish the law of the country of which they are a citizen to apply. Individuals with dual or multiple citizenships have the right to choose which country's law will govern their international inheritance, including the law of a non-EU country.

Article 22 of the regulation:

“A person with multiple citizenships can choose the law of any of the states of which he/she is a citizen at the time of making the choice or at the time of death.”

In the case of an Englishman/Frenchman, for example, this allows the choice of English law, which offers greater freedom in how you leave your inheritance, enabling you to bypass the restrictive French rules regarding the share of inheritance for children.

Nevertheless, it is worth noting that the French law of 2021 complicates the avoidance of issues related to these "fixed share" rules. Although this is stated by EU regulations, some experts have questioned whether obtaining French citizenship could lead to problems when legislative changes come into effect (although, according to The Connexion, this has not been confirmed yet).

• France considers a dual citizen to be French and does not take other citizenships into account.
• Gerard Barron believes that France is likely to adhere to a "strict interpretation" of the regulation and that in general there will be no problems.

Related questions from readers:

What can be done to mitigate the effects of the French inheritance law of 2021?

What will happen to my French inheritance if I don't make any plans? How can I make my French will easier for my family from the UK to manage?