![]() ![]() Not only that, but France has actually imposed an obligation on notaries with a view to giving the new rule some teeth. Then the children may be compensated from any property held in France. ![]() (ii) the (non-French) law applying to succession of the estate does not protect a specific portion of the estate for the deceased's children (i) where a deceased individual or any of his children are nationals of or resident in an EU member state and In November 2021, France implemented new rules domestically which dictate that:. And the former, it seems, is very much amongst the latter. Le chat, and les pigeons are two words I just about recall from A-Level French. Don't DIY this please that Tuscan villa is too precious to warrant the risk.) Enter France: Prompting an escape from the chateau? (*Subject to us drafting the appropriate provisions in your will, and advising you on the potential claims they could make. So, if you're an English national and you don't want your children to inherit your Tuscan villa before your partner has seen out their days there, you're in luck *. The law validly 'chosen' by the individual must be applied. This is the case regardless of whether property in the estate is located in France, Spain, or any other country which tends to benefit from sunnier climes and better wine. In basic terms, where a valid choice of 'English' (or, indeed, Scottish) law has been made by an individual, the courts here are prevented from deferring to the succession rules in any foreign EU jurisdiction. Spouses and children of a deceased individual have no automatic right to a portion of the estate.ĭespite the fact that the UK has now left the EU, the impact of the EU Succession regulation here remains unchanged. Instead, the principle of testamentary freedom reigns supreme. This is in view of the fact that England & Wales remains one of the only jurisdictions in Europe which does not impose 'forced heirship' rules. The effect of Brussels IV is important, and can perhaps seem particularly notable when examined through the lens of an 'English' qualified lawyer. To give an example, an English national living in Spain, exclusively holding 'Spanish' assets, would nevertheless be able to prescribe via their will that the law of England & Wales should apply to succession of their entire estate. Otherwise, the law of the jurisdiction in which they are 'habitually resident' will be deemed to apply to their succession automatically. Under Brussels IV, individuals can choose that the law of their nationality should apply to determine succession to their entire estate. Its purpose was to introduce rules to ensure that the estate of any deceased individual should be dealt with according to the law of only one (EU) jurisdiction, regardless of where assets of the estate may be located across EU countries. ![]() Brussels IV and the quest for harmonisationīrussels IV came into force in August 2015. This regulation is the European Succession Regulation 650/2012, more commonly referred to as 'Brussels IV' or the 'EU Succession Regulation'. In November 2021, France introduced a new rule relating to succession which seems to contravene a key EU regulation issued on the very matter. The consequences for English-domiciled clients are particularly closely examined. In this article, Nadine Walton comments on recent changes to French succession rules and the potential implications for UK individuals holding assets in Europe. ![]()
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