Eu decision on france’s inheritance law pushed back to february

MULTIPLE COMPLAINTS HAVE BEEN MADE TO THE EUROPEAN COMMISSION AGAINST FRENCH FORCED HEIRSHIP RULES ON FOREIGNERS A decision by the European Commission on France’s controversial 2021

inheritance law is due in February, two months later than originally expected. A reader from the Tarn launched a complaint process with the commission on December 5, 2022, in the hope of a

decision within a year. After she complained, several other people did the same. READ MORE: COMPLAINTS GROW OVER FRANCE’S INHERITANCE LAW ON FORCED HEIRSHIP HEIRS WHO HAVE ‘LOST OUT’ CAN

SEEK COMPENSATION The law effectively seeks to impose French forced heirship rules on foreigners here, even when they choose to use an EU regulation to elect the law of their country of

nationality to apply to their estate. The notaire handling the estate must contact any heirs who have ‘lost out’ in the will under French inheritance law rules to ask if they wish to seek

compensation from any part of the estate located in France. They could, for example, ask for a share of a French house. This can be especially complicated if there are children from previous

relationships or if parents and children are not close. READ MORE: MUST FRENCH NOTAIRE 'INVITE' DISINHERITED CHILD TO CLAIM COMPENSATION? MULTIPLE COMPLAINTS ALLOW PROCEDURAL

CLOCK TO START RUNNING LATER Our reader is her husband’s second wife and the couple had drawn up wills using English law to protect her and leave her more than allowed under French rules.

The European Commission is to decide whether the 2021 law breaches EU legislation and thus an infringement procedure should be opened. Normally, it takes just over 12 months from a complaint

being made. Otherwise, within this time, the complainant should be told if the case is complicated and needs more time. However, our reader has learned that EU procedures allow the clock to

start running later in the event of multiple complaints about an issue. She should hear by February 15, a year after the complaints were grouped on an EU website. The infringement process

starts with written exchanges over several months as the EU seeks information from the country and requests compliance if the breach is confirmed. If nothing changes, court action might be

taken, which can lead to a lump sum fine or continuing fines. However, the EU says 90% of cases are resolved before going to court. RELATED ARTICLES FAMILIES FACE STRESS OVER NEW FRENCH

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