Why a Franco-British succession is particularly tricky
When a person owns assets in both France and the United Kingdom, or when an heir lives on one side of the Channel while the deceased resided on the other, two legal systems collide. French succession law and English law rest on radically different principles. Without preparation, heirs face lengthening delays, rejected documents, and sometimes double taxation.
The difficulty isn't only legal: it's also documentary and linguistic. Each administration requires documents validated according to its own rules, in its own language, with its own certifications. This is precisely where most files get stuck.
The two systems in brief
French law: forced heirship
French law protects reserved heirs (notably children) through forced heirship: a minimum share of the estate must go to them, regardless of the deceased's wishes. Testamentary freedom is therefore limited.
English law: testamentary freedom
English law, by contrast, rests on near-total testamentary freedom: you can leave your assets to whomever you wish. The estate goes through a process called probate, during which an executor administers the estate before distribution.
These two opposing logics explain why a will drafted in one country may be misinterpreted, or even partially unenforceable, in the other.
The documents that cause problems
In the cross-border successions we support on the documentary side, blockages almost always come from the same items:
- The death certificate: issued in one country, it must be validated for the other (apostille + certified translation).
- The certificate of inheritance or grant of probate: proof of heir status must often be recognised on both sides.
- Birth and marriage certificates: to establish filiation or marital status, frequently required apostilled and translated.
- Powers of attorney: when an heir cannot travel, a power of attorney valid in both jurisdictions is needed.
- Banking and notarial documents: statements, proof of ownership, notarial deeds to be recognised.
The European Succession Regulation
Since 2015, the European Succession Regulation allows, under conditions, choosing the law applicable to one's estate (law of nationality or residence). But beware: the United Kingdom never adopted this regulation, even before Brexit. For a succession involving UK assets, English law applies to assets located on British soil, regardless of this regulation. This is a frequent source of confusion.
Our role: documentary preparation
Let's be clear about our scope: FrancoLegal is not a firm of solicitors and does not handle contentious successions or disputes. However, on the documentary and administrative side — which accounts for most practical blockages — we intervene concretely:
- Apostille of British records (death, birth, probate) bound for France.
- Certified translation of documents in both directions.
- Legalisation coordination when third Francophone countries are involved (a succession also touching Cameroon, Senegal, etc.).
- Drafting powers of attorney and preparing files for notaries in both countries.
For purely legal questions (will interpretation, disputes between heirs, tax optimisation), we refer you to a specialist solicitor or notary.
Planning ahead during your lifetime: the best advice
Most Franco-British succession blockages could be avoided by preparing in advance. If you own assets in both countries, two steps are decisive:
- Write a UK Will for your assets located in the UK, coordinated with your French will. This is the focus of our Estate Planning service.
- Set up a Lasting Power of Attorney (LPA) to anticipate possible incapacity, a topic we detail in our dedicated article.
In summary
A Franco-British succession combines two legal systems, two languages and two administrations. The legal side is for a solicitor; the documentary side — apostilles, certified translations, powers of attorney, legalisations — is our expertise. Planning ahead during your lifetime, by coordinating a French will and a UK Will, remains the best protection for your loved ones. For the documentary preparation of an ongoing succession, our team provides a free quote within 24 hours.