Forced heirship rules

New rules were introduced by the European Commission on 17 August which allow individuals in EU states to choose whether their foreign assets are governed by local succession rules or those in their country of nationality.

The United Kingdom did not opt in to these arrangements, along with Ireland and Denmark, but UK individuals will be able to benefit from these changes in all EU states apart from Denmark and Ireland.

Where this has been quite common is France. If a couple owned a holiday home directly the forced heirship rules meant that on the death of one of the couple the remaining spouse would only get a life interest with the ownership in effect transferring to their children. This was irrespective of any intention written into the English will.

It will be necessary for wills to be updated to state their intention that English law is to be applied.