International Inheritance: which jurisdiction to refer to in case of dispute?
International Inheritance involves the inheritance of a person who dies in a country other than that of their nationality or residence, or who holds more than one nationality, or whose assets are spread over several States other than that of their nationality or residence.
In the event of a dispute, it is necessary to determine which court has jurisdiction.
The deceased died in a member state of the European Union?
International Inheritances opened after August 17, 2015, the date of entry into force of the European Regulation n°650/2012, are governed by the law of the deceased’s habitual residence at the time of his death.
There is no longer a distinction between the law applicable to the movable and immovable property of the deceased, since the European Regulation has opted for a unicity of succession.
- Unless otherwise provided for, the competent court for an international inheritance in case of death within the European Union is the one of the deceased’s habitual residence.
The deceased died in a country outside the European Union ?
In the context of an international Inheritance outside Europe, the regulation n°650/2012 is not applicable and it is necessary to refer to the French rules of private international law.
In the event of a dispute, the French courts will have jurisdiction, in the case of an inheritance involving movable property, if the deceased was last domiciled in France or if one of the parties is of French nationality and, in the case of an inheritance involving immovable property, if the property is located in France.
In addition, the French courts have global jurisdiction in the event of a former and lasting residence in France.
- Thus, in the event of a death abroad (outside the EU), a distinction must be made between the law applicable to the real estate and the law applicable to the deceased’s personal property, which will have an impact on the competent judge.
Our lawyers are at your disposal to answer all your questions and advise you. Our meetings can be held in person or by videoconference. You can make an appointment directly online at www.agn-avocats.com.
AGN AVOCATS – Inheritance Department
09 72 34 24 72
