36 leggettfrance.com
New European
INHERITANCE LAWS
Jennie Poate from Siddalls France takes a look at the new European
inheritance laws, which have resulted in a great deal of
media and personal comment
IN AUGUST 2015, the new
European inheritance laws
will come into force. These
will give European nationals
living in other European
countries the right to opt for
the succession law of their
country of nationality, to apply
on their death. A common opinion expressed
at dinner tables
and in the press is that French
inheritance problems are at an
end.
French inheritance rules
remain one of the major worries
of all British nationals coming
to live, or buying property, in
France. Under French law you
cannot leave assets to whom
you wish - such as to your
spouse - if you have children.
Strict inheritance rules mean
that children have automatic
rights to a minimum portion of
their deceased parent's estate.
For someone with one
child, the reserved portion is
50%. For two children it's 66%,
and for three or more children
it is 75%, split equally between
them. The remaining percentage
is considered the unreserved
portion and the owner
may leave it to whomever they
please.
These rules are not changing in France.
However, the new
European rules mean that, with
a correctly drawn-up will, it will
become possible from August
2015 to opt to use the law of
the country of your nationality.
For British nationals, this means
you can opt to use British rules
and leave your assets to whomever
you wish, via an appropriate will.
This sounds very positive
Jennie Poate is a
Regional Manager
of Siddalls France
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