Forced Heirship in France: What U.S. and UK Families Must Understand Before Relocating
Introduction
Many American and British families preparing their relocation to France assume that their existing estate plan — often the result of decades of careful structuring — will continue to apply seamlessly once they settle in France. In practice, this is rarely the case. French succession law operates on concepts fundamentally different from the common-law world, and those differences can significantly impact how assets are transmitted at death.
The most important concept to understand is forced heirship (“réserve héréditaire”), a legal mechanism that guarantees children a minimum share of their parent’s estate, regardless of what a will or trust drafted abroad may provide.
This article outlines the key principles, the interaction with the EU Succession Regulation, and the recent changes introduced in 2021 that now allow French-resident children to claim a compensatory financial right — even when a foreign governing law has been validly elected.
1. Forced Heirship in France: A Mandatory Rule
Under French law, children are entitled to a protected portion of a deceased parent’s estate:
1 child → 50% of the estate
2 children → 2/3 of the estate
3 or more children → 3/4 of the estate
This rule applies automatically whenever French law governs the succession, and it cannot be overridden by a will, a trust, or beneficiary designations drafted under U.S. or UK law.
For many families relocating to France, especially those with complex U.S./UK estate plans, this comes as a surprise: documents they believed definitive may be only partially enforceable under French law.
2. The EU Succession Regulation: Electing a Foreign Law
Since 17 August 2015, Regulation (EU) No 650/2012 (“Brussels IV”) allows individuals residing in France to choose the law of their nationality to govern their entire succession.
For example:
A U.S. citizen may elect the law of the U.S. state with which they have the closest connection (e.g., California, New York, Florida).
A British national may elect the law of England and Wales, Scotland or Northern Ireland.
This election is generally effective and often sufficient to neutralize French forced heirship in principle. It is a powerful tool for families wishing to maintain control over their estate planning structure.
However, since 2021, this protection has a notable exception.
3. The 2021 Reform: Article 913 and the Compensatory Clawback Right
In November 2021, France introduced a new provision — Article 913 of the French Civil Code — which allows children to claim a compensatory financial right (“droit de prélèvement compensatoire”) in specific circumstances.
This right may apply when:
The deceased was habitually resident in France at the time of death; and
The foreign law chosen under Brussels IV does not provide children with a forced-heirship mechanism, as is the case for most U.S. states and for England & Wales.
In such cases, children may claim the value of their reserved portion against assets located in France, even when the governing law elected in the will provides for full testamentary freedom.
In other words:
➡️ A valid foreign-law election does not necessarily eliminate all forced-heirship claims from children.
This mechanism is now part of the notaire’s duties: they must inform potential heirs when such a right may exist.
4. A Remaining Legal Ambiguity
The law distinguishes between:
Masse d’exercice (the assets against which children can claim):
→ French-situs assets onlyMasse de calcul (the assets used to compute the reserved portion):
→ Unclear: some interpret it as French assets only, others as the worldwide estate.
This ambiguity means that the financial impact of the compensatory right is not always predictable, creating potential litigation or disputes at the notarial stage.
For families with significant U.S. or global assets, this uncertainty must be addressed proactively.
5. Practical Consequences for U.S. and UK Families
For expatriates, the implications are significant:
Existing U.S. trusts may not operate as intended once the settlor becomes a French resident.
Children who were intentionally excluded under U.S./UK estate planning may still have a claim on the French property.
Notarial proceedings can become unexpectedly complex.
The risk of litigation or conflict between siblings increases.
A French estate plan must be coordinated with the U.S./UK plan — not drafted in isolation.
Most importantly, families who wish to maintain full testamentary freedom must plan in advance.
6. Ensuring Your Estate Plan Functions Properly in France
With proper structuring, it is possible to maintain flexibility and respect your wishes, even in the presence of French forced-heirship rules and the 2021 reform. Strategies may involve:
tailored French wills aligned with Brussels IV
marriage contract adjustments
structuring ownership of French assets
careful coordination with U.S./UK trusts and advisors
mechanisms to protect surviving spouses or to manage blended families
pre-move structuring to ring-fence assets
Each situation is unique. What matters is ensuring that a U.S. or UK estate plan is interpreted correctly under French law — rather than relying on assumptions that may not hold once you reside in France.
Conclusion
French forced heirship continues to play a central role in cross-border succession planning. Even with a valid foreign-law election, the compensatory clawback right introduced in 2021 can materially impact how French assets pass to heirs.
Families relocating to France should not assume that their U.S. or UK estate plan will be automatically upheld. A coordinated review — ideally before or shortly after arriving — is essential to ensure clarity, avoid disputes, and protect the intended estate strategy.
Contact Us
If you are preparing a move to France or reviewing your cross-border structure, feel free to contact us. Our firm advises U.S. and international families on French tax, estate and property matters.