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The rule of forced inheritance in France calls into question English law.

The rule of forced inheritance in France calls into question English law.

The rule of forced inheritance in France calls into question English law.

The law that came into effect in 2021, strengthening children's rights to a share of their parents' inheritance, has caused problems for citizens of countries including the UK. There is concern that under current French law, a widow may receive less of her husband's estate than their children. Is this a whim, foolishness, or simply an anti-European act for France to make Machiavellian turns, insisting on applying its rules that in some cases children should be larger heirs to their father's estate than their widowed mother?

This concerns new legislation that will apply forced heirship rules to French assets, even if a foreigner living abroad has chosen to apply the law of their country of citizenship. This may create issues for families in light of the new French inheritance law and foreign wills.

The lawyers expressed their disappointment regarding the new law, which complicates inheritance issues.

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An interesting feature of the new law is that it seems applicable in cases where the country chosen by the foreign testator does not have a provision for forced inheritance for children.

An old British man, officially and happily residing in France, would like to draw your attention to the Inheritance Law. It is important to note that many countries have inheritance laws in the absence of a will; however, this does not exempt one from the application of French law. This only occurs if there is an obligation to pass on a portion of one's estate to children.

Questions have been raised as to whether Scottish law might take precedence because it imposes such a duty only in relation to movable property and only where the deceased died while domiciled in Scotland. To our recollection, there has been no formal clarification on this point.

Related links:

  • Will adopted children have rights to my husband's property in France?
  • Inheritance tax complexities in France and the UK.
  • Where will my French possessions go after my near-death experience?

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