Any update on EU Commission forcing France to allow the elction of English law?
Q
I and English, but live in France and my Will elected English law in my Will so that my estranged child does not inherit, which was allowed when I made my Will in 2016. However I know France annoyingly has not let that happen since 2021, but I know Euorpe are fighting them on this. Any news on this?
A
If you die as a permanent resident of France, and have elected English law in order to prevent your child having a reserved share of your inheritance, then, due to the law introduced in November 2021, France will interfere with that choice of law, so that your child can exercise his French law inheritance rights.
If you have one child, they are entitled to 50% of your estate. The remaoning 50% can be freely left to whoever you wish.
The 2021 law however can only be enforced over assets that are situated in France.
You could therefor consider having some significant assets outside of France, perhaps in the UK, in order to reduce the assets that pass to your child, or you could avoid having assets in your name, perhaps just having a life interest in your name (as that does not pass on to anyone), or just renting a French property.
You could also perhaps consider investing funds into an Assurance Vie policy in order to leave them to whoever you wish, as the Assurance Vie is outside of the estate, and is attractive for tax planning, especially if invested in before 70 years of age, as well as giving some freedom to choose beneficiaries.
The Assurance Vie advisor would be able to discuss this with you, and explain how to navigate the tax free limits, and the amount of the investment, as there are possible claims that a child could make if the fund has been set up with “exaggerated levels” that disinherit reserved heirs.
In terms of updates, the EU Commission issued a formal compaint against France on 23 July 2025, and gave them some suggestions of how to remedy their contravention of the EU Succession regulation 650/2012 and had imposed an olbigation for France to respond within 10 weeks, so by around second week of October 2025. To date (5 December 2025) there is no update.
We expect that at some point the ECJ will rule that France must respect the EU Succession Regulation 650/2012 and allow its residents to elect the law of their nationality as provided for in the Regulation, but it will take time.
The ongoing updates are available on this page, in French:
https://commission.europa.eu/document/72418f9c-5537-4a7b-8cac-768d6a156bb3_fr
It should be called the following (so you know you are on the correct page):
Informations sur le suivi de la plainte multiple enregistrée sous la référence CPLT(2022)03325 – Violation possible par la France des règles de l’UE en matière de successions [règlement (UE) nº 650/2012) - [Update: 01 August 2025]
John Kitching
Director
French Law Consultancy Limited
Based on an article originally written by us for Connexion France magazine in November 2024. Updated November 2025.