France increases publicity efforts for 2021 inheritance law clarifications
The French government is intensifying efforts to inform the public about clarifications to its controversial 2021 inheritance law, following the European Commission's recent closure of a complaint case against France for potential breach of EU law.
The Commission closed the case after French authorities explained that forced heirship rules introduced by the 2021 law do not apply to estates governed by English and Welsh law, or by comparable legal systems from countries such as Australia and New Zealand. The clarifications extend to any legal system containing protections for children's inheritance rights, even if these differ from France's own réserve héréditaire.
Understanding the legal framework
The controversy stems from how France's 2021 law interacts with EU Regulation 650/2012, known as Brussels IV, which has governed cross-border inheritance matters since August 17, 2015. Under Brussels IV, people can choose in their will to apply the inheritance law of their nationality to their entire estate, or by default, the law of their last place of habitual residence applies.
France's forced heirship system, the réserve héréditaire, mandates that children receive protected portions of an estate: one-half for one child, two-thirds divided between two children, and three-quarters shared among three or more children. This contrasts sharply with English and Welsh law, which grants testamentary freedom, allowing individuals to leave their estate to anyone they choose without mandatory allocations to children.
The 2021 French law originally required notaires to contact children when a foreign legal system without comparable protections applied to an estate, offering them the option to claim a compensatory levy from French-situated assets. Until recently, notaires interpreted this as applying to all legal systems without obligatory forced heir portions, including English and Welsh law.
Timeline of the complaint process
Concerns about the law emerged shortly after its adoption during the COVID-19 pandemic, when parliamentary scrutiny was less intensive than usual. The European Commission first became aware of complaints in late 2022, with multiple complaints formally registered as a collective case in February 2023. The multi-year investigation reflected growing concerns among legal professionals and affected individuals about potential EU law violations.
In July 2025, the Commission proposed solutions to France and imposed a 10-week deadline for response. Some British expatriates and foreign residents had expressed concerns about the law's impact, with reports of individuals considering selling property and leaving France due to estate planning complications. French legal professionals, including notaires, avocats and UK-based French law specialists, had widely considered the law problematic under EU regulations before the clarifications emerged.
Expanded public information
The Commission cited increased publicity as a reason for closing the case, referencing France's legal newsletter for professionals and the Service-Public website, along with the Commission's own e-justice portal. Since the closure announcement, public information has expanded further.
The Service-Public page on disinheritance now includes new wording and links in both French and English versions, with an added section for residents abroad and successions opened since 2021. Both sections link to the Commission's pre-closure notice explaining the clarifications. The page now confirms publicly that these explanations represent how French authorities interpret and apply the right to a levy.
The Commission's e-justice portal has also been updated, with information added to the Related Links section of the inheritance in France chapter in the English version. However, Service-Public does not yet acknowledge that foreign residents living in France may also benefit from the clarifications.
Implications for notaires and residents
As public awareness increases, legal experts hope more notaires will feel confident applying the clarifications when working with foreign clients. Notaires play a central role in settling inheritance matters in France and are required by the 2021 law to contact children about potential compensatory levy claims where applicable, making their understanding of the rules essential for proper implementation.
The clarifications do not affect Denmark, Ireland and the United Kingdom, which opted out of Brussels IV before it took effect. Estates involving property or residents in those countries remain subject to their own national private international law rules.
