That is correct, but the that was overwritten by EU law allowing “home law” to be used; Hague convention? I had to do some research.
The 2021 law went against the EU law. I read that this is being challenged, but up to that time French law is used.
It is good that you were knowledgable of the law before you moved. Laws are never perfect, but sometimes they are needed to protect others.
It was Brussels IV. Which was in force when we moved here, so all our plans were based on that. The change only came in 2021.
Which only works if no-one challenges it. If they do then courts will overule the will.
I think the essentials of it go back even further than that, to the early mediaeval period, so it’s unlikely to be really about overriding Sharia law, though that may have been in the minds of the French legislators who decided to overrule EU law on inheritance.
Does Sharia law overule freedom to choose? In other words does it actually forbid female inheritance? If so then it is as bad as what exists in France now. But if it merely allows male only inheritance then that is the same as it is in the UK.
Genuine questions above, I have no knowledge of Sharia law but would be interested to know.
I know two women, one the daughter of a butcher, the other the daughter of a farmer, who inherited nothing - it’s very tough for them.
So it is obligatory then, a bit hard if a woman remains a spinster because of looking after an aged and infirm parent for many years, while her absent high living brother gets all the money.
In England though it can still happen because a deceased person can still choose to do the wrong thing as easily as the right one.
“The freedom of choice” is to declare Sharia law to apply, not French inheritance. I think that only applied to non nationals in France and the 2021 law was to stop that being used.
Like you my knowledge is not great.
Although the new law in 2021 created the ability to contest/oppose the targeted heirship previously available under Brussels IV it does not mean it is no longer possible.
As long as the inheriting parties are in agreement you can still exercise testamentary freedom. However, the trouble starts once someone who should be a beneficiary of forced heirship decides to try & enforce it.
In the OP’s case, the estranged sibling is very likely to kick off, so Brussels IV doesn’t help.
I found a nice clear article…
And there’s the issue….in general the reason one wants to bypass the forced heirship is because of family schisms. The notaire is obliged to contact all offspring to check, and they don’t have to object. Just ignoring or refusing to sign is enough to block the succession.
Precisely, but if disappointment at the non-immediate expected monetary receipt is the reason for that, those ignorers might well respond to an offer to buy out the inheritance, which is why my notaire suggested it to me.
I haven’t taken the advice because it is no advantage to me, I have no intention of selling on the market so need of their permission, and they can’t touch a penny during my lifetime because of the donation entre epoux, and I am so angry that they should take such an attitude after we had got 2 of the 3 out of a sticky situation in the past.
The only profiters from such an action are my own 2 kids who otherwise will have to deal with the 3 when the time comes and would be free of that if I bought them out. Instead I have no compunction in spending my money on whatever takes my fancy and would give money away (as opposed to loans) to my own if they were in need of it.
Sex not gender, and the code civil has been amended lots of times and didn’t take things like Sharia law into consideration, misogynistic attitudes prevalent in early 19thC France were enough.
I don’t think it’s that dramatic Jane. It’s just about wanting to leave what you want to who you want. Which covers a lot more people than just battling families. And has tax implications too.
As one in the midst of this palaver 
but with a relatively simple, though multiple jurisdiction, situation, all I’d suggest is choose an advisor/notaire that actually knows what they are talking about.
Our bilingual notaire has a different take on matters.
Go physically to your country of birth and in that country sign your will in a manner that complies with your home country’s law. State in the will that you make your will under your birth country’s laws and in compliance with both EU law and the Washington Convention to which France is a signatory.
Appoint a birth country based executor for your estate.
When the time comes, the executor asks the French Notaire to act as the agent of the executor to sell the house and send the proceeds to the executor. The executor then disburses the proceeds according to the terms of the will.
The problem of the testator leaving their estate to whomever they wish is thus resolved.
Sounds pretty well the same as the advice I’m getting Robert, from my French Notaire 
How does that bypass the requirement that the affairs of a French resident fall under French laws and must be settled in France? Doesn’t one risk the French notaire saying no as doesn’t comply with the law he or she works under?
Whilst that maybe so it still doesn’t address my particular elephant in the room, which is the 60% IHT levied on step children. Your proposal would not escape French taxation.
That’s a whole different ball game 
But if you can leave everything tax free to your spouse and then…
My thoughts are the same as Jane’s.
You had better know your notaire well then. As you can hardly intervene later :-).
Their first duty is to the French State and France has decided to override EU law.
But thank you very much for this very cogent and specific advice and especially for the detail about the Washington Convention. Apart from the above, it should work 
Even with a valid English law election, France changed its Civil Code in 2021 to allow a disinherited child to claim a reserved share of an estate if they are EU residents. However, in this case, your sibling lives in the UK, not France or any other EU country, and the new French rule I believe only applies to individuals residing within the EU. Therefore, the French forced heirship rules might not override the will, and the estate can possibly pass entirely to you, provided the will is properly drafted by a lawyer, includes a clear Brussels IV English law election, confirms that your mother is a UK national, and there are no other complicating factors such as French nationality, lifetime gifts, or usufruct arrangements.
I work closely with an estate planner who specialises in both UK and French law and he would be the best person to advise on the details, but these are my initial thoughts.
The suggestion of how to go about creating one’s will came from a French notaire, and he will be very happy to work as my executor’s agent immobilier to sell the house. The notaire is confident of the legality of the methodology he recommended. He also made a number of points regarding the practicality of the matter as follows ;
It should be noted that we have no problem of spousal inheritance of our home as we own our property as ‘Tontiniers’.
The strategy does require providing the executor with a detailed briefing as to what to do, in which order, and when.
For those with finances held in the USA the systems of ‘Transfer on Death’, and ‘Pay on Death’ are very helpful. There may be similar systems available in other non EU countries.
All in all, it is a matter of doing some detailed advance planning (vehicles registered in joint names for example), and the surviving spouse working hand in glove with the executor of the deceased.
In the event of us both perishing together, then the two executors will be working together to sort things out according to the instructions they have previously received.