(Why your UK Will might accidentally disinherit your spouse)
Caveat: Countries will change and amend regulations over time. Whilst the information below was correct at the time of writing, please double-check with us for your personal situation and don’t regard this blog as personal financial advice.
Imagine taking your South African right-hand drive car, shipping it over to France, and stubbornly insisting on driving it on the left side of the road. It doesn't matter how safely you drove back in Jozie; if you ignore the local rules, you are going to cause a massive, painful collision.
The same is true when it comes to our financial planning, and in particular, estate planning.
I have worked with a family who moved across the Channel, bought a beautiful property in the Dordogne, and assumed the standard UK Will they drafted ten years previously would cleanly pass everything on to their surviving spouse.
Unfortunately, crossing the border changes the legal gravity. And if you aren't prepared for it, your UK Will is going to crash headfirst into a piece of European legislation known as "forced heirship."
In England, we operate under common law, which includes a brilliant concept called "testamentary freedom." Put simply, you can leave your wealth to whoever you want. If you want to leave your entire estate to your spouse, your children, or a local cat sanctuary, the law generally allows you to do exactly that.
France and many others operate under Civil Law, which is a completely different beast.
French law dictates a strict réserve héréditaire (forced heirship). Under these rules, your children are legally protected heirs, and you absolutely cannot disinherit them. A fixed percentage of your estate is automatically ring-fenced for your bloodline: half if you have one child, two-thirds if you have two, and three-quarters if you have three or more.
Here is where the accidental disinheritance happens.
Let's say you pass away, and your UK Will states that 100% of your assets, including the French house and local bank accounts, should go to your surviving spouse.
The French notaire handling the estate will step in, look at the local law, and override your wishes. Your children will immediately become part-owners of the property.
If those children are from a previous marriage, the situation gets considerably messier. Suddenly, your grieving spouse might find themselves co-owning their primary residence with their stepchildren. If they ever want to sell the house or downsize, they will need the stepchildren's consent to do so.
You cannot just close your eyes and hope the oncoming traffic moves out of your way. Knowing that European succession law is complicated doesn't protect your family; actively structuring your estate does.
Fortunately, there are tools available. Under EU rules (specifically the Brussels IV directive), you can explicitly elect for the law of your nationality to govern your estate instead of the law of your residence. But it is not automatic; it must be properly drafted, legally robust, and constantly reviewed against new legislative challenges (like recent French laws attempting to protect local forced heirship).
Cross-border estate planning is never a DIY job. If you want to make sure your spouse is properly protected and your assets end up exactly where you intend, please get in touch. Let's get your cross-border chickens in a row before the storm hits.